B.B.MANGALMURTI,J. - (1.) Heard learned counsels for the parties.
(2.) This revision has been directed against the order of Chief Judicial Magistrate, Bokaro passed in Complaint Case No. 525 of 2011 by which the Court has taken cognizance under 427 and 430 of the Indian Penal Code.
(3.) The short fact of the case is that complainant/petitioner Maga Ram Rajwar filed C.P. Case No. 525 of 2011 against the opposite parties Nos. 2 to 5 that the complainant being rightful owner of the agricultural land situated near the area of the opposite parties. Opposite parties having land adjacent to the land of the complainant started the work of removal of over burden from their land as well as diverted the flow of Joria flowing from the northern boundary by deploying heavy earth cutting machine and remove the soil and diverted the flowing of water of Joria. The further allegation was that when the complainant and other witnesses protested to illegal work of diversion of water flow, the accused person committed mischief knowing that it would likely to cause a demination of water supply for the agricultural purposes and not fit for human or animal drinking. During rainy season of July and August the artificial diversion of the natural flow of water caused inundation of the agricultural activities and damaging the crop of complainant worth Rs. 45,000/-. Accused persons has also removed 200 wooden bars causing damage.;