RAKESH RANJAN PRASAD, J. - (1.) HEARD Learned Counsel for the petitioners and Learned Counsel for the State. This application has been filed under Section 482 Cr.P.C. for quashing of the entire criminal proceeding of Complaint Case bearing C/1 Case No. 184 of 1999 including the order dated 14.5.1999 whereby and where under, the then Judicial Magistrate, Jamshedpur took cognizance of the offence under Sections 500 and 295 of Indian Penal Code against the petitioners.
(2.) IT does appear that the when it was reported that one Manjeet Singh, Son of Sardar Eqbal Singh, has unauthorizedly encroached 1800/ - Sq. Feet, of land, an eviction case was initiated before the State Officer, South Eastern Railway at Chakradharpur vide E.C. Case No. 187 of 1996 in which the State Officer on 23.2.1998 passed an order in terms of Section 5(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 declaring said Manjeet Singh, Son of Sardar Eqbal Singh, as unauthorized occupant and thereby he was directed to vacate the said land within 15 days. It further appears that when said Manjeet Singh, Son of Sardar Eqbal Singh, did not vacate the land, the Assistant Engineer (1), S.E. pursuant to the order passed by the Patna High Court in C.W. J.C. No. 2290 of 1990, got the encroachment removed by taking help of the District Administration. Thereupon, a complaint was lodged by one Mahendra Singh, who claimed to be the occupant of the said land over which Manjeet Singh was in unauthorized occupation, for commission of the offences under Sections 147, 148, 149, 342, 323, 380, 427, 452/34 of Indian Penal Code.
(3.) HOWEVER , after inquiry, cognizance of the offences was taken under Sections 500 and 295 of Indian Penal Code against the petitioners.;