SHEO PUJAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is the complainant of Complaint Case No. 781 of 2005 has preferred this application with a prayer for quashing of order dated 24-2-2006 passed therein by Sri. R. Malviya, learned magistrate 1st Class, Katihar, whereby he dismissed the complaint petition under Section 203, Cr. P. C. as also for quashing of order dated 20-8-2007 passed by the learned presiding Judge, F. T. C. No. V, Katihar, in cr. Revision No. 33 of 2006, whereby he dismissed the revision preferred against order dated 24-2-2006.

(2.) IT appears that the petitioner had filed the aforesaid complaint against the O. P. Nos. 2 to 5 herein inter alia stating that there is a land dispute between Vivekanand Yadav, Dilip Yadav and accused Pramjeet Kaur for which Title Suit No. 41 of 2001 had been lodged by Dilip Yadav, the son of the complainant, it is said that in view of the filing of the litigation the accused persons along with 3 unknown others having hatched a conspiracy formed an unlawful assembly armed with pistol, lathi danda and coming to the house of the complainant and on the orders of accused Jaspal Singh the three unknown persons caught hold of the complainant and assaulted him with slaps and fists and Jaspal himself threatened to kill him if any protest was made.

(3.) IT is further alleged that accused jaspal; Satish and Bittu were armed with pistol and on the orders of Jaspal all the accused persons entered into the house of the complainant and removed several house hold articles whereas accused Paramjeet kaur stole one attachie containing golden chain, silver payal, golden earring, 5 sarees valued aqt Rs. 1 lac and accused. Bittu and satish removed one steel box containing clothes and ornaments worth Rs. 12. 000/-and Jaspal removed one new cycle worth Rs. 1700/ -. It is said that on alarm being raised villagers arrived and saw the occurrence and on their protest they were threatened with dire consequences. It has been alleged that 4-5 hours prior to the occurrence the male members of his family Vivekanand Yadav and others were arrested and taken away by the police on the basis of a false case at the instigation of the accused persons.