JAGDISH CHAND ALIAS JAGDISH CHAND AGARWAL SONS OF TARACHAND AGARWAL Vs. STATE OF BIHAR AND RIYAZ AHMAD SON OF LATE ZAHIRUDDIN

JUDGEMENT

(1.) THREE of the Four F.I.R. named accused of Thakurganj (Sukhani) P.S. Case No. 96 of 1998 have filed this application for quashing of the entire criminal proceedings including the order dated 21.12.2006 passed therein by the learned Chief Judicial Magistrate, Kishanganj, whereunder he has taken cognizance against the petitioners under Sections 406 and 420 I.P.C.

(2.) One Riyaz Ahmad, impleaded herein as O.P. No. 2, filed a Complaint Case No. 758 of 1998 for alleged commission of offences under Sections 420, 295A, 384, 406, 153, 153A and other allied Sections of the Penal Code at the hands of the accused named therein on 6.8.2008 before the learned Chief Judicial Magistrate, Kishanganj which was transmitted to the concerned police station under Section 156(3) Cr.P.C. which formed the basis for registration of the aforesaid police case.

(3.) ACCORDING to the complainant/informant the villagers of Bhelaguri had donated their lands in the name of "Bharat Yatra Kendra" to Ex -Prime Minister, Sri Chandra Shekhar Jee and later on the petitioners got those lands registered in their names and developed a tea garden over it and thus had cheated the villagers. It is further alleged that on 6.9.1998 when the villagers of the informant went to the Kabristan for Milad they found that the accused persons had planted tea saplings in the Kabristan and when a protest was made therefor the petitioners allegedly assaulted the informant and hurt their religious feelings. It is also alleged that one Ram Jatan Singh took away the wrist watch at the point of a revolver and accused Jagdish Chand took away a packet of Agarbatti and Rs. 550/ - from the pocket of the complainant/informant.