High Court allowed a quashing petition under CrPC Sec. 482. The court found the criminal prosecution to be retaliatory against a prior complaint filed by the petitioner in a disputed land case.
Complaint Case No. C-1791 of 2012 and the impugned order dated 23.11.2012 passed by the Magistrate are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44657 of 2013
Arising Out of PS.Case No. -null Year- null Thana -null District- BHAGALPUR
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Anjum Ara @ Manjura Khatoon Wife of Syed Salim Resident of Village- Sanhauli, P.S.- Jagdishpur, District- Bhagalpur
.... .... Petitioner
Versus
.... .... Opposite Parties
=========================================================== Appearance :
For the Petitioner/s : Md. Najmul Hoda, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwari, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 10-05-2017
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23.11.2012 passed by the learned Judicial Magistrate, Bhagalpur in Complaint Case No. C1791 of 2012 by which the petitioner and others have been summoned to face trial under Sections 323, , 379 and 385/34 of the Indian Penal Code.
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land through registered sale deed on 4th of July, 2008 appertaining to Khata No.26, Khesra No. 221 measuring 71 ½ decimals at mauja Dhauri, P.S.-Jagdishpur, District-Bhagalpur and after purchasing the land, the land, the same was also mutated in his name. He has alleged that when the accused persons came to know about the purchase of the aforesaid agricultural plot, they conspired together in order to grab the land for which the complainant made a complain before the Gram Panchayat. Being moved by the complain, a notice was sent to the accused persons by the Gram Panchayat. The accused persons sought for adjournment and, thereafter, they never appeared before the Gram Panchayat. It is further alleged that on 05.08.2012, the complainant went to mange labourers and when he came back to his field at about 10 am., the accused persons came at the field and started abusing him. They demanded Rs.25,000/- as rangdari in lieu of purchase of land. They assaulted him with fists and slaps and accused Md. Salim took away Rs. 2,000/- from his pocket whereas the accused Rafi Alam took away his wrist watch. On hue and cry raised by him, several persons from the neighbouring field came there and in their presence they again threatened him to deliver Rs. 25,000/- Rangdari Tax within ten days. When the complainant went to lodge F.I.R., the police officer present there advised him to file complaint before the court.
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witnesses were examined on behalf of the complainant in course of inquiry pursuant to which, the learned Magistrate summoned the petitioner and others to face trial under Sections 323, 379 and 385/34 of the Indian Penal Code vide impugned order dated 23.11.2012.
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Kumar and Mr. Nihar Nandan Ambasta, Advocates to contest the matter, despite repeated calls, the lawyers representing the complainant did not appear before the court.
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Judicial Magistrate, Bhagalpur.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 16.05.2017 |
| Transmission Date |
16.05.2017 |
3 issues framed by the court
Whether the criminal prosecution should be quashed to prevent abuse of process of court in a retaliatory land dispute case.
If the instant case is a counterblast to a prior complaint filed by the petitioner.
Whether the allegations in the complaint are attended with malafide.
1 provisions across 1 enactments
Anjum Ara
The State of Bihar
Abdul Quddus
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
