LAWS(JHAR)-2015-9-80

SHANTANU KUMAR CHOUDHARY Vs. THE STATE OF JHARKHAND

Decided On September 22, 2015
Shantanu Kumar Choudhary Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the State as also learned counsel for the informant. The petitioner has filed this application for quashing the entire criminal proceeding against him in Dhanbad P.S. Case No. 149 of 2008, corresponding to G.R. No. 654 of 2008, instituted for the offence under Ss. 147, 148, 426, 427, 450 and 506 of the Indian Penal Code.

(2.) The police case was instituted and on the basis. of Complaint Case No. 366 of 2008, filed by the complainant informant in which it is alleged that on 6.2.2008 at about 11:00 a.m. the accused persons, including the petitioner, along with 50 to 60 anti -social elements variously armed, attacked the market place of the complainant and damaged his property. Upon being informed, the police also reached there but the police remained a mere spectator and the offence was committed by the accused persons. With these allegations the complaint case was filed in the Court of the Chief Judicial Magistrate, Dhanbad, which was sent for institution of the police case, on the basis of which the police case was instituted.

(3.) Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case with absolutely false and malicious allegations in the complaint petition, in as much as, there was land dispute between the parties and there was a title suit between the parties with respect to the same land, in which the petitioner was the plaintiff. The said title suit was decided by judgment dated 29.11.2007 passed by the learned Sub -Judge -1, Dhanbad, in Title Suit No. 190 of 1987, in which it was held that the sale deeds in favour of the respondents, including the informant in the present case, were null and void. The judgment of the title suit has been brought on record. It is also submitted by learned counsel for the petitioner that the land in dispute was the subject matter of Urban Land Ceiling Act and the date of occurrence, i.e., 6.2.2008 was fixed by the authorities concerned for demarcation of the land, and after notice the concerned authorities with the police party had reached the place of occurrence for demarcation, which was being objected by the informant's side. It is also submitted that prior to filing of this case the informant had also filed a miscellaneous case in the Court of the Chief Judicial Magistrate, Dhanbad, which was registered as Misc. Case No. 357 of 2008, with the same allegations, wherein report was called for by the learned Chief Judicial Magistrate, Dhanbad, which was submitted by the Inspector of Police on 15.2.2008. In the said report, the entire facts have been stated and it is also stated that the land belonged to the State Government as it was taken under the Urban Land Ceiling Act, and on 6.2.2008 the land was to be demarcated under the orders of the Circle Officer, Dhanbad, and the police party was also deputed there for the purpose. Both the parties were also present there and taking into consideration the land dispute between the parties, the proceeding under Ss. 107 and 144 of the Cr.P.C., was also initiated against the parties. The said report has also been brought on record as Annexure -7.