MAULBI MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for quashing the entire criminal proceeding of complaint case no.597 of 1997 lodged by respondent no.2 including the order dated 15.1.2001 passed by learned Chief Judicial Magistrate, Giridih under which cognizance of the offences under sections 147, 148, 323, 506, 420, 467, 468 and 120(B) of the Indian Penal Code and also under section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been taken against the petitioner and others.

(2.) THE facts leading to filing of this writ application are that the respondent no.2 filed a complaint case, bearing no.597 of 1997 stating therein that some pieces of land were settled to his grandfather and his co -sharer in a Settlement Case No.152 of 1954 -55 and since then they are coming in peaceful possession over the land. But the accused persons since 1993 -94 started doing mischief for disturbing the possession of respondent no.2 and his co -sharers.

(3.) ON filing the said compliant, statement of the complainant was taken on solemn affirmation and then the matter was taken for enquiry. Thereupon the court having found the case prima facie true, took cognizance of the offence.