SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is one of the FIR named accused of Khagaul P.S. Case No. 38 of 2005 has prayed for quashing of the order dated 23.2.2006 passed therein by the learned Additional Chief Judicial Magistrate, Danapur, whereby he has taken cognizance against the four charge -sheeted accused including the petitioner under Sections 447, 269, 270, 278/34, IPC and Section 3 of the Prevention of Damage of Public Property Act. It appears that the aforesaid police case was registered on the basis of a written report of one Chandra Shekhar Prasad, Sub Inspector of Khagaul Police Station, at aground 10.00 A.M. on 14.3.2005 inter alia stating that he formed a team of Police personnel for removing illegal Khatals in pursuance of the directions of the High Court passed in C.W.J.C. No. 2290 of 1990 as also the Wireless Message received from the Senior Superintendent of Police, Patna, and in course thereof they proceeded to Saidpura where they found on the lands behind Jagat Narayan Lal College illegal Khatals of Sunil Kumar, petitioner, herein, Raghunath Prasad, Baldev Singh, Achal Bihari Singh and Bhuneshwar Mahto flourishing on the lands of the College and who on seeing police party fled whereon the five Khatals were demolished and animals and other articles were taken away by the female members of the accused 'sfamily.

(2.) It is also stated that due to stacking of cow dung, the atmosphere had become polluted and there was probability of severe diseases cropping up.

(3.) THE police after due investigation submitted a charge -sheet and by order dated 23.2.2006, the learned Additional Chief Judicial Magistrate, Danapur, took cognizance and issued process against the petitioner summoning him to face trial.