RAJ KAMAL GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482, Cr PC for quashing the First Information Report in relation to Kuru P.S. Case No. 94/2003 lodged on 14.10.2003 corresponding to G.R. No. 347/03 for the offence under Sections 448/323, IPC as also under Section 3 of the S.C. and S.T. (Prevention of Atrocities) Act.

(2.) THE brief fact of the case is that the informant Daya Narain Ram presented a written report before the Kuru Police stating therein that he belonged to scheduled caste and he had received about 80 decimals of land appertaining to Khata No. 56 Plot No. 328 in the year 1955 from Bihar Dhudan Yagya Committee and after acceptance of gift he was in peaceful possession of the land and was doing cultivation work thereon. It is alleged that all on a sudden, the petitioner Raj Kamal Gupta with other accused persons came to his house, started assaulting him, calling him Chamar etc. and threatened to vacate the land in question, explaining that the land belonged to him which he had purchased in the year 1985 from ex -landlord and further threatened that in case of overt act, the entire members of his family would be eliminated. On such threatening he sent application to the Circle Officer. Deputy Collector Land Reforms as well as D.C. for the issuance of the receipt of the land in question in his favour but the matter was pending for enquiry. It is alleged that the petitioner and other accused persons had been threatening that they would not allow him to harvest his standing crops. He further stated that, as a matter of fact, the petitioner and other accused persons had purchased such lands, which were acquired under "Bhudan" and now they wanted to dispossess the informant.

(3.) LEARNED Counsel for the petitioner submitted that the petitioner is innocent and the dispute between the parties is of civil nature and can only be determined by a competent Court of civil jurisdiction. A proceeding under Section 107 of the Code of Criminal Procedure was initiated between the petitioner as well as others and the Opposite Party No. 2. The Opposite Party No. 2 had complained before the D.C.L.R., Lohardagga to which a Bhudan Case No. 1/02 -03 was instituted in which the petitioner and others were noticed. The petitioner and other accused after appearing in the Bhudan case categorically stated that the land in question situated in village Chandlaso appertaining to Khata No. 56 Plot No. 328 with an area of 80 decimals was never given to the Opposite Party No. 2 by the Bhudan Yagya Committee and it was incorrect to say that said transfer by way of gift was confirmed in Confirmation Case No. 2046 on 16.10.1957. The land in question was initially recorded in the record of right in the Khewat of Baraik Mahipal which later on came in the possession of Anup Soy and the latter sold the said land on 28.7.1965 which was mutated in the name of Madhusudan Choudhary vide Mutation Case No. 137/R -77 -78. The petitioner purchased the said land by registered deed of sale on 1.7.1985 and accordingly the petitioner and another got their names mutated, the rent was fixed and they were paying rent against the receipts.