SHARAD CHANDRA DUDHANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceeding arising out of C.P. Case No.3656 of 2019 including the order dtd. 15/9/2022 passed by learned Judicial Magistrate-1st Class, Dhanbad whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has found prima facie case for the offences punishable under Ss. 380, 453, 454, 420/34 of the Indian Penal Code against the petitioners.

(3.) The allegation against the petitioners is that the petitioners on 21/11/2019 at about 10:00 am went to the place of occurrence which the complainant claims to be a Government land encroached upon by him and told him to vacate the land and put a lock on the premises. Later on, the complainant obtained the documents from the court and found that the Nazir of Civil Court has misused his power. It is also alleged that the said Nazir was accompanied by the petitioner No.1 and the petitioner Nos.2 and 3 are the staffs of the petitioner No.1. The complainant filed a petition to be impleaded as a party in Execution Case No.13 of 1986 of the court of Sub Judge-I, Dhanbad. It is also alleged that on 22/11/2019, the accused persons of the case demolished the shop of the complainant and took his articles worth Rs.7.008 lakhs.