SHIV KUMAR LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482, Cr PC for the quashing of the order impugned 27.2.2004 passed by the Court of Shiv Vishal Srivastava, Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 1051 of 2003 whereby the cognizance of the offence has been taken against the petitioner under Section 341/323, IPC.

(2.) THE brief fact of the case is that the informant -Opposite Party No. 2 presented a written report before Officer -in -charge of Dhanbad Police Station stating that on 31.5.2001 when he returned back to his home situated in the Water Board Colony of Hirapur, he found some noise there and that the petitioner with two other persons removing Barbed Wire from the Iron Angles which he had used for the fencing of his own Plot No. 2435 and in such action he has demolished the brick pillar and that the petitioner with two others has removed the Barbed Wire and the Iron Angle and took these items away with them causing loss to the informant to the tune of Rs. 5,000/ -. It is further alleged that when the informant went to stop the petitioner he was abused and assaulted and was threatened to escape otherwise he would be killed.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that the informant -O.P. No. 2 with the intention to grab the piece of Government land had raised iron pillars with the fencing of Barbed Wire and on the report of the Circle Officer dated 27.6.2001 (Annexure -3) a proceeding under Section 107, Cr PC was initiated against the informant. As a matter of fact, the encroachment was removed by the karamchari on the direction of the Circle Officer, the institution of proceeding under petition 107, Cr PC vide M.P. Case No. 1113/2001 against the opposite party No. 2 prima facie suggests that the opposite party No. 2 and his men had actually grabbed the Government land which ignited him to institute the case against the petitioner which was ultimately found false by the Investigating Officer. It is further submitted that the petitioner at the relevant time of occurrence was present in the Office of Deputy Commissioner, Dhanbad where he was working as Assistant and to this effect a certified copy of his attendance register at item No. 4 has been filed suggesting his false implication in the instant case. Launching of Complaint Case is malicious attempt of the opposite party No. 2 which is liable to be quashed otherwise it would occasion the failure of justice.