Md. Masroor Alam vs State Of Bihar And Anr

Heard learned counsel for the petitioners and learned APP for the State.

The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 ( for short ‘the Code’), has been filed for quashing the order

dated 30.11.2018, passed by learned 1st Additional Sessions Judge, Banka, in G.R. No. 3694 of 2017, arising out of SC/ST P. S. Case No. 50/2017, by

which the learned Court below has taken cognizance against the petitioners for the offence under Sections 341, 323, 448,504 and 506/34 of the Indian

Penal Code and Section 3(1)(r)(g) of the SC/ST Act.

The petitioners are accused in SC/ST P. S. Case No. 50 of 2017. The allegation is that the father of the informant had purchased some lands and was

in peaceful possession over the same. The petitioners’ being co-villagers have made efforts to forcibly dispossess the informant from his land and,

on protest made by the informant, they have abused the informant in public place and threatened with dire consequences. It is, on the basis of

allegations made in the First Information report, that the criminal prosecution has been set in motion. In respect of disputes arising out of the same

land, the petitioners have also filed a complaint case no. 1258 of 2017 against the informant’s side. The informant’s side also are facing

criminal prosecution in the said proceedings. In the instant case, the police had submitted a final form in respect of the petitioner Nos. 5 to 8. On a

protest petition being filed, the Court below has taken cognizance of the offences in respect of all the accused persons. The conclusion of the Court

below to take cognizance is based on the allegations made in the First Information report, wherein, ingredients of the offences for which cognizance

has been taken are prima facie to be found. The Court below has also referred to material collected during the course of investigation. At the stage of

taking cognizance the Court was not required to embark on any further enquiry as veracity of the allegations and material collected in course of

investigation are yet to be examined in the course of trial. In view of such circumstances, this Court would only observe that the order taking

cognizance dated 30.11.2018 does not require any interference.

The petitioners would be at liberty to avail the remedies in accordance with law at the appropriate stage. The observations of this Court in the instant

order are only in support of order taking cognizance based on a prima facie satisfaction. The said observations shall not in any manner prejudice the

petitioners’ case otherwise.

The application is devoid of any merit and is, accordingly, dismissed.