Rongon Mukhopadhyay, J. - (1.) HEARD Mr. K.P. Deo, learned counsel for the petitioner and Mr. M.B. Lal, learned counsel for the State. No one appears on behalf of O.P. No. 2.
(2.) IN this application, the petitioner has prayed for quashing the order dated 19.09.2008, passed by learned Sessions Judge, Hazaribagh in Cr. Revision No. 131 of 2008, whereby and whereunder, the revision preferred against the order dated 20.07.2007, passed in complaint case No. 220 of 2007 by the learned Sub Divisional Judicial Magistrate, Hazaribagh taking cognizance for the offence punishable under sections 506 and 504 of the Indian Penal Code and under section 3(iv)(v) of the S.C./S.T. Act (Prevention of Atrocities) Act, has been dismissed. It appears that a complaint was instituted by the opposite party No. 2, in which it has been stated that he has a piece of land at village -Giddi bearing khata No. 25, plot No. 510/559 and 510/847, which is recorded in the khatiyan in the name of his grandfather namely late Chepa Manjhi. It has been alleged that the accused persons with the help of some workers put up materials for tower installation on the said plot and on 24.05.2006 began to excavate the land. It has been stated that on opposition being made by the O.P. No. 2, co -accused Ramavtar Agarwal informed him that the land belongs to him and he had executed an agreement with Airtel for installation of a tower. It has further been alleged that thereafter the opposite party No. 2 went to police station and submitted a written complaint and on the direction of the officer incharge of the concerned police station, the O.P. No. 2 submitted an application before the Circle Officer and the Aanchal Amin measured the said land and as per the report of the Aanchal Amin, the tower was found to be in the land of O.P. No. 2.
(3.) AFTER an inquiry was conducted under section 202 Cr.P.C. by examining the complainant under solemn affirmation and four of his witnesses, vide order dated 20.07.2007, the learned Sub Divisional Judicial Magistrate, Hazaribagh was pleased to take cognizance for the offence punishable under sections 506 and 504 of the Indian Penal Code and section 3(iv)(v) of the S.C./S.T. (Prevention of Atrocities) Act. Against the aforesaid order dated 20.07.2007, a revision was preferred by the present petitioner being Cr. Revision No. 131 of 2008, which was, however, dismissed on 19.09.2008 and which is under challenge before this Court.;