TUNKI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Reference No. 116 of 1967 has been made by the First Additional Sessions Judge of Monghyr for setting aside the order of Shree M. P. Gupta, Munsif Magistrate, dated the 4th January, 1965, ordering two separate trials to proceed against the accused Tunki Singh and five others. The criminal revision has also been filed by Tunki Singh and five others, who are accused in the two criminal cases, for setting aside the aforesaid order of the Munsif Magistrate and for quashing the certificate proceedings against the petitioners. As the reference and the revision relate to the same matter, they are being disposed of by a common judgment.

(2.) Three requisitions for starting certificate proceedings under the Public Demands Recovery Act, 1914, (hereinafter referred to as the Act) were made by the Anchal Adhikari, Sikandra, for realisation of arrears of rent against the petitioners and others Three certificate cases, Nos. 3, 7 and 13 of 1961-62, were started. On the 29th April, 1961, the Certificate Officer issued distress warrants under Section 14, along with notices under Section 7 of the Act and the processes were entrusted to Arjun Misra and Sarfuddin, two peons for execution. These peons, accompanied by the Circle Inspector, a Karamchari and Tahsildar, visited the house of the certificate debtors on the 3rd May, 1961, for execution of the processes. The petitioners are alleged to have obstructed the execution of the processes and threatened the peons with dire consequences, if the movables, i.e., cattle etc. of the certificate-debtors were attached. As a result of this, the peons did not execute the processes and reported the matter to the Certificate Officer, under whose direction, they filed petitions of complaint before the Subdivisional Magistrate, Jamui, for the offences alleged. The Subdivisional Magistrate took cognizance of the offence under Section 353 of the Indian Penal Code, and two cases were started against the petitioners, which are now pending before the aforesaid Munsif Magistrate.

(3.) In both the cases charges under Sections 186 and 353 of the Indian Penal Code were framed on the 9th November, 1961, against the petitioners, against which they moved this Court in Criminal Revision Nos. 1094 and 1153 of 1962. Those revision petitions were dismissed with the following observations by this Courts: