DEO KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have filed the instant application under Section 482 of Cr PC for quashing the order dated 30.7.2002 by which the Judicial Magistrate, Chatra took cognizance of the offence under Sections 420, 467, 468 and 504 of the IPC against the petitioners in connection with Complaint Case No. 152/2002.

(2.) A copy of the complaint filed by complainant/opposite parties has been annexed as Annexure -1, to the application. In the said complaint, the complainant alleged inter alia that he and his wife are in physical possession of the land in question which is Gairmazarua land like other raiyati land and the same was approved for settlement after verification and report was sent by the Karamchari in favour of his wife and the settlement proceeding was going on. It is alleged that in the meantime petitioner approached the Circle Officer and tried to remit the said matter again to the Land Reforms Deputy Collector. The Complainant further alleged that the proceeding which was going on for settlement of land in favour of his wife, petitioner No. 2 pressed the Halka Karamchari to submit report in favour of petitioner No. 1, showing possession without giving intimation to the complainant. By all means petitioners succeeded in cancelling proposed Jamabandi to be allowed in favour of the wife of the complainant. It is further alleged that there was proceeding under Section 144, Cr PC which was initiated against between the petitioner and the complainant in which petitioner stated that land was already settled in favour of his father. In a nut shell allegation in the complainant is that the favour of his father. In a nut shell allegation in the complaint is that the Block Development Officer and the Circle Officer in connivance with petitioner No. 1 got the report submitted in favour of petitioner No. 1 for the settlement of land.

(3.) IT is the case of the complainant that land dispute is going on by and between him and the petitioner No. 1 and there is dispute with regard to possession of the land. Admittedly, land belongs to the government being a Gairmazarua land. It is well settled that judicial process should not be an instrument of oppression or intentional harassment. The Court should be cautious and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing any process. Otherwise it would be an instrument in the hand of private complainant a vendetta to harass the person intentionally.