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Judgment
The instant Criminal Miscellaneous has been filed for
quashing the order dated 05.03.2013 passed by Sri Alok Kumar
Pandey, the then S.D.J.M, Sadar, Sitamarhi in connection with
Mejarganj P.S. Case No. 27 of 2012, G.R. No. 513 of 2012, Trial
No. 3300 of 2013, whereby and whereunder, the learned S.D.J.M.
has taken cognizance against the petitioners for the offences under
sections 448, 323, 506, 379 and 504 / 34 of the I.P.C. and directed
to issue summon against the petitioners.
Heard the learned counsel for the petitioners, the
learned A.P.P. for the State and the learned counsel for the Informant.
The informant (Opposite party no.2) gave written
report to the S.H.O. Mejarganj on 10.03.2012 alleging therein that
his sister had come to his house and then the petitioners entered
into his house, taken away the golden chain of 10 grams and also
taken away cash of Rs. 15,000/- and later on fled away.
The police after completing investigation submitted
final form against the petitioners showing the same as the land
dispute, but after considering the materials available in the case
diary the learned S.D.J.M. passed the impugned order.
Submissions on behalf of the petitioners are that the
petitioner no.1 is an old man and retired A.S.I under C.I.S.F. The
opposite party no.2 is own nephew of petitioner as father of the
informant is own brother of the petitioner no.1, namely Rajendra
Singh. The petitioners have been implicated falsely. The opposite
party no.2 has got criminal antecedent. Proceedings under sections
107 and 144 of the Cr.P.C. were also started between the parties.
The Commandant of petitioner no. 1 had sent a letter to the
Collector, Sitamarhi regarding possession of the petitioners and
the Collector, Sitamarhi had directed the Circle Officer, Mejarganj
to take immediate steps in respect to measuring the disputed plot
at the earliest and erects the boundary in between plot no. 2419
and 2417. The father of the informant in absence of petitioner no.1
entered into his house and attempted on the wife of petitioner no.1
and also threatened to leave the house otherwise they will be
murdered. The petitioner no.1 has also filed Complaint Case No.
430 of 2000 against Raj Kishore Singh and others. The petitioner
no.1 has also lodged FIR against Raj Kishore Singh & others
bearing Mejarganj P.S. Case No. 03 of 2013, Mejarganj P.S. Case
No. 98 of 2012 and Mejarganj P.S. Case No. 186 of 2012 which
are pending before the learned court below. Cognizance has
already been taken against Raj Kishore Singh and others in all the
cases mentioned above. The father of opposite party no.2 is a
veteran criminal due to which the life and property of the
petitioners are at danger. Without any merit the learned S.D.J.M.
has passed the impugned order and as such the impugned order is
fit to be set aside.
The learned A.P.P. and the learned counsel for the
Informant (Opposite party no.2), on the other hand, submit that in
the case diary there is sufficient materials. The informant in his
further statement, vide paragraph-4 of the case diary, and the
witnesses, namely, Renu Devi, Baby Devi, Ravi Kumar Singh,
Prince Kumar Singh and Vijay Kumar Singh, all have supported
the prosecution version, but inspite of that the police officer
submitted final form and as such the learned S.D.J.M. rightly by
differing with the opinion of the police officer has passed the
impugned order. At the time of taking cognizance the defence of
the accused persons cannot be looked into rather the order has to
be passed on the basis of the materials collected during
investigation.
Having considered the submissions urged at the Bar,
going through the FIR, impugned order and the Photostat copy of
the case diary, it is manifest that during investigation all the
witnesses, as stated above, have supported the prosecution version
and the learned S.D.J.M. after considering all these materials
available in the case diary has passed the impugned order which
appears quite legal, proper and correct. At the time of taking
cognizance the court is only required to see as to whether on the
basis of the materials collected during enquiry/investigation
sufficient materials have come or not to find out prima-facie case
against the accused persons. In the instant case there is sufficient
material in the case diary to proceed further against the accused
persons.
In the result, finding no merit in this Criminal
Miscellaneous the same is hereby dismissed and the impugned
order is hereby confirmed.
However, the petitioners may be at liberty to raise all
these points at the time of hearing on the point of charge.