RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. Delip Jerath, learned counsel appearing on behalf of the petitioner and Mr. A. K. Kashyap, learned senior counsel for the opposite party No. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Ramgarh P.S. Case No. 132 of 2006 corresponding to G.R. Case No. 1000 of 2006 including the order dated 27.11.2007 passed by the learned Judicial Magistrate, Hazaribagh whereby and whereunder, cognizance has been taken for the offences punishable u/s 147, 148, 149, 447, 448, 427, 506 and 379 of the Indian Penal Code (IPC).
(3.) IT appears that an F.I.R. was instituted in which it was stated that the father of the informant, namely, Mahavir Prasad Jain had taken the land being plot Nos. 445 and 446 appertaining to Khata No. 298 on lease from one Swami Guhaj Saraugi in the year 1961 and thereafter in the year 2005, Swami Divanath Sarawagi sold the land to the father of the informant. It has been stated therein that on the said land, a godown was built and which was being used for storage of cement, sheets, etc. It has been alleged that on 14.4.2006, the accused persons along with 25 to 30 persons came and demolished the wall of the Godown due to which the the informant suffered immense loss. After investigation, police submitted final report showing the case to be of a civil dispute and thereafter on the petition dated 25.10.2007 filed by the informant, cognizance was taken by the learned Chief Judicial Magistrate, Hazaribagh on 27.11.2007 for the offences punishable u/s 147, 148, 149, 447, 448, 427, 506 and 379 IPC.;