Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20991 of 2012 ====================================================== Shekh Ezazul @ Sheikh Ezazul Haque S/o Late Sk Hasan, resident of Village- Padmaul, P.S.- Mainatand, District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Parshu Ram Manjhi S/o Maharaj Manjhi, resident of Village- Padmaul, P.S.- Mainatand, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the State : Mr. Umeshanand Pandit, A.P.P. For the Opposite Party No. 2 : Mr. Sanjay Kumar No. 7, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5. 02-11-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order dated 1.2.2011 in Mainatand P.S. Case No. 23 of 2010 by which the Chief Judicial Magistrate, Bettiah, West Champaran, has taken cognizance in the matter. The background facts of the case is that there is some land dispute between the parties on account of which a joint application on 19.4.2010 was filed before the Officer-in-Charge, Police Station, Mainatand, that they both would show their documents to their respective lawyers and thereafter by actual measurement of the said Plots by the Anchal Amin and on proper Patna High Court Cr.Misc. No.20991 of 2012 (5) dt.02-11-2012 2 / 3 2 advice of their respective lawyers, they will possess their lands. On 3.5.2010 a present First Information Report was filed by the Opposite Party No. 2 with an allegation that when the Informant was cultivating his fields, the accused persons came upon them and forcibly attempted to evict them. On 4.5.2010 the present Petitioner filed a Complaint against the Opposite party No. 2 and others with regard to the same land dispute and four accused persons having threatened him and acted in a high handed manner with them. The said Complaint was registered as Maintatand P.S. Case No. 24 of 2010 which ended in a Final Report filed under [STATUTE] against the son of the Petitioner. However, a protest- cum-Complaint petition was filed by him in which cognizance was taken and witnesses are being examined before charge. It has been submitted on behalf of the Petitioner that in the background facts of the land dispute, the present Case is evidently fictitious and is fit to be set aside. He further submits that to promote harmony among the parties, he has no objection to setting aside of the proceeding initiated by the son of the Petitioner i.e. Trial No. 1568 of 2012 pending in the Court of N.P. Singh, Judicial Magistrate, 1st Class, Bettiah, West Champaran. On the other hand, the counsel for the Opposite party Patna High Court Cr.Misc. No.20991 of 2012 (5) dt.02-11-2012 3 / 3 3 No. 2 submits that even if the complaint is set in the background of land dispute the veracity of the same should not be disbelieved only on this count. Considering the submission of the parties, I am inclined to accept the contentions raised on behalf of the Petitioner. In view of such, the entire proceeding including the order dated 1.2.2011 passed by the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Mainatand P.S. Case No. 23 of 2010 and Trial No. 1568 of 2012 pending in the Court of N.P. Singh, Judicial Magistrate, 1st Class, Bettiah, West Champaran, is hereby quashed. It is also made clear that the Court shall not proceed against the Petitioner in the recommendation of the Police under [STATUTE] in Mainatand P.S. Case No. 24 of 2010. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.