- (1.) THIS writ application has been filed for quashing the entire criminal proceeding of complaint case no.597 of 1997 lodged by respondent no.2 including the order dated 15.1.2001 passed by learned Chief Judicial Magistrate, Giridih under which cognizance of the offences under sections 147, 148, 323, 506, 420, 467, 468 and 120(B) of the Indian Penal Code and also under section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been taken against the petitioner and others.
(2.) THE facts leading to filing of this writ application are that the respondent no.2 filed a complaint case, bearing no.597 of 1997 stating therein that some pieces of land were settled to his grandfather and his co -sharer in a Settlement Case No.152 of 1954 -55 and since then they are coming in peaceful possession over the land. But the accused persons since 1993 -94 started doing mischief for disturbing the possession of respondent no.2 and his co -sharers. Subsequently, it could be known that accused persons in connivance with this petitioner, a Panchayat Sewak, committed some forgery with the revenue records whereby land was shown to have been entered in the name of Aklu Mian, father of accused no.1 and on that basis even rent receipt was issued for the year 1991 and since then, the accused person started putting his claim over the land which had been settled to the complainant (respondent no.2) by the Government. When the complainant brought the matter relating to forgery to the knowledge of Deputy Commissioner, he got the matter enquired into and then passed order for cancellation of Jamabandi which had been created in the name of father of accused no.1. Thereupon accused no. 1 got the complainant implicated in a false criminal case but he was acquitted and being frustrated with the said result, all the accused persons including the petitioner after forming unlawful assembly came over the land of the complainant ( respondent no.2) with a view to dispossess him from the land and committed rioting and they also assaulted him and thereby it was alleged that accused persons committed offence under sections 147, 148, 323, 506, 420, 467, 468 and 120(B) of the Indian Penal Code and also under section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(3.) ON filing the said compliant, statement of the complainant was taken on solemn affirmation and then the matter was taken for enquiry. Thereupon the court having found the case prima facie true, took cognizance of the offence.;