SYED SHAH AFTAB AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This application has been filed for quashing of the entire criminal proceeding of Chatra Sadar P.S. Case No. 14 of 2001 (T.R. No. 885 of 2001) including the order dated 9.5.2001 passed, by the then Chief Judicial Magistrate. Chatra whereby and whereunder, cognizance of the offences punishable under Sections 109, 147, 148, 149, 341, 342, 353, 384 and 224 of Indian Penal Code has been taken against the petitioner.

(2.) Mr. V. Shivnath, learned senior counsel appearing for the petitioner, submits that certain facts would be necessary to be stated for adjudication of the issue as it will have much bearing on it.

(3.) In this respect, it was submitted that one Safaruddin Ahmad, father of the petitioner, got the land bearing Plot No. 408 appertaining to Khata No. 10 measuring an area of 19 Bighas and also a land bearing Plot No. 19 appertaining to Khata No. 92 measuring an area of 5 1/2 Katthas situated at Mauza Kolhaiya, P.S. and District Chatra settled under Hukumnama by the ex-landlord. Thereafter, he started holding cattle fair over that land but in course of time, when the District Administration started putting obstruction in holding cattle fair over that land as also over the land adjacent to those plots, Safaruddin Ahmad had to file a title suit bearing Title Suit No. 4 of 1955-56 for declaration of his right, title and interest over the said land as also for. issuance of permanent injunction restraining the State Authority from making interference in holding cattle fair over the land, as aforesaid, and also with respect to other plots. That title suit was decreed vide judgment dated 30.4.1956 in favour of Safaruddin Ahmad. Thereupon, said Safaruddin Ahmad started holding cattle fair over that land but in course of time, when the petitioner being son of Safaruddin Ahmad acquired right, title and interest over the said land and started holding cattle fair over the said land, the District Administration again started putting obstruction in holding Mela and even intended to put those lands on auction for settlement to others. Said auction of the State Authority was challenged before the " Ranchi Bench of Patna High Court vide C.W.J.C. No. 3531 of 1998(R) which got dismissed. Against that order, the petitioner preferred L.P.A. No. 45 of 2000(R) whereby this Court after taking notice of the fact relating to petitioner's title directed the District Administration to demarcate the land recorded as Gair Mazurwa from the land over which right, title and interest had been declared by the court of competent jurisdiction but the District Administration never demarcated the land recorded as Gair Mazurwa from the land of the petitioner.