AMARESH KU.SINGH,J. - (1.) IN all the three petitions, the complainant on whose report the cases were registered and investigated is the same person and the property in dispute is the same. Hence it is proper that all the three petitions should be disposed of by a common order.
(2.) HEARD the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel for the non -petitioner No. 2. The case of Nanda, Non -petitioner No. 2 is that he purchased agricultural lands bearing Nos. 4394 and 4395, measuring 7 bighas and 3 biswas, situated in village Jahajpur, from Babu Lal for a consideration of Rs. 35, 000/ - Sale deed was executed on 17.12.1990. The name of Babu Lal was entered in the revenue record and Nanda, the complainant was cultivating the fields at the instance of Babu Lal and on the date of the execution of the sale deed the crop sown by Nanda was standing in the field. Nanda, Non -petitioner No. 2, lodged three first information reports at the Police Station Jahajpur. Particulars of the three first information reports are given below: (1) FIR No. 92 of 1991 was lodged on 2.6.1991. In this report it was alleged that on 19.5.1991, Onkar and others entered the fields 4394 and 4395 and damaged the field by digging pits. The police registered a case under Sections 147 and 447 of the Indian Penal Code and after investigation submitted the Final Report. After recording the statements of Nanda and Ramdev, the Munsif and Judicial Magistrate, Jahajpur too cognizance of the offences under Sections 447 and 427 of the Indian Penal Code and registered the Criminal case No. 177 of 1993. The order of taking cognizance was passed on 22.5.1993. (2) FIR No. 2 of 1992 was lodged at the Police Station on 2.1.1992 by the Non -petitioner No. 2. In this report it was stated that the non -petitioner No. 2 (complainant) purchased the fields bearing Nos. 4394 and 4395 for a consideration of 35,000/ - vide sale deed dated 17.12.1990 and the sale deed was registered on 18.12.1990. After the execution of the sale deed, Ram Kumar Sarraf forcibly took the possession of the land and obtained a stay order from the Court of the SDM. Therefore, the complainant could not go to his fields. An appeal Against the stay order was filed before the Revenue Appellate authority. The stay granted by the SDM was vacated and R.A.A. issued stay against Ram Kumar and Parmeshwar. It was also alleged that after the grant of stay by RAA, the complainant got the field cultivated by Harchand Meena and when the crop was standing in the field, Ram Kumar and others forcibly entered the field and destroyed the same. The police registered a case under Sections 427 and 447 of the Indian Penal Code and after investigation submitted the final report. After the recording of the statements of Nanda and his witnesses Ramdev, Balu Lal and Harchand, the Munsif and Judicial Magistrate vide order dated 22.5.1993 took cognizance of the offences under Sections 447 and 427 of the Indian Penal Code and registered the Criminal Case No. 178 of 1993. (3) FIR No. 318 of 1992 was lodged by Nanda on 3.12.1992. It was alleged that on 23rd and 24th, October, 1992, the accused persons reaped the crop sown by him in the fields bearing Nos 4394 and 4395 and took away the crop in carts. The police registered a case under Sections 447 and 379 of the Indian Penal Code. After investigation, the police submitted the final report. On 23.7.1993 the Munsif and Judicial Magistrate took cognizance of the offences under Sections 447, 379 IPC and under Section 3(1)(v) of SC, ST (Prevention of Atrocities) Act and registered the criminal case No. 269 of 1993.
(3.) IT appears that in all the three cases investigated by the police the allegations made by the non -petitioner No. 3 were found to be untrue. The police has given the finding that the disputed lands were in possession of Ram Kumar and Parmeshwar who had purchased the lands from Smt. Ganga wife of Ramnath by sale deed dated 27.10.1967. There is thus a dispute about the fields. Litigation is also reported to be pending in the revenue Courts.;