IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.380 of 1998 SRI NAGENDRA KUMAR SINGH son of Late Dhaneshwar Singh, resident of Village: Samhauta, P.S.: Kopa, District: Chapra (Saran), at present posted as Co-ordinator, College Development Council, K.S.D. Sanskrit University, Darbhanga. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Shambhu Yadav, son of Rajendra Yadav, resident of Village- Chandapatti, P.S. Ashok Paper Mill, District- Darbhanga, at present resident of Mohalla- Diwan Takia, P.S. M.U., District- Darbhanga. . . . . . Respondents. with CR. WJC No.379 of 1998 DR.SRIPATI TRIPATHI son of Late Pandit Gangadhar Sharma, resident of Village-Takkipur, P.S.-Maharajganj, District- Siwan, at present Upacharya (Reader), P.G. Dharmashastra Department, K.S.D. Sanskrit University, Darbhanga. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Shambhu Yadav, son of Rajendra Yadav, resident of Village- Chandapatti, P.S. Ashok Paper Mill, District- Darbhanga, at present resident of Mohalla- Diwan Takia, P.S. M.U., District- Darbhanga. . . . . . Respondents. For the Petitioners : Mr. Kamla Nayan Choubey, Sr. Advocate, : Mr. Shivesh Chandra Mishra, Advocate For the State : Mr. Chandan Kr. Verma, AC to AAG-8 ----------- 9/ 06.08.2010 Heard learned counsel for the petitioners and the State. Both Cr.W.J.C. No. 379 of 1998 and Cr.W.J.C. No. 380 of 1998 are taken up together as in both the cases, the order dated 24.05.1995 taking cognizance in Complaint case bearing no. C.R. No. 79 of 1995, as well as its affirmance vide order dated 13.04.1998 passed by 3rd Additional Sessions Judge, Darbhanga in Cr. Rev. No. 76 of 1997 and Cr. Rev. No. 79 of 1995, are under challenge. In Cr.W.J.C. No.379 of 1998, the petitioner is Dr. Sripati Tripathi, who was at the relevant time reader and incharge Special Officer (Legal) of the University. The petitioner Nagendra Kumar Singh (Cr.W.J.C. No. 380 of 1998) was at the relevant time Registrar of the University. - 2 - The opposite party no.2 filed a complaint alleging that Dr. M.M. Kolay had destroyed vegetable crops worth Rs. 200/- standing on his land. It is further alleged that both petitioners assaulted him, tore his clothes. It is further alleged that accused took away Rs. 35/- from his pocket. After enquiry under Section 202 of Cr.P.C., cognizance of offence was taken against the petitioners under Sections 379, 323 and 427 of the Indian Penal Code. The petitioners submit that even assuming the prosecution case to be true, no case under 379 of the Indian Penal Code would be made out against them. The allegation of snatching money is not attributed to them. He further submits that the allegation of assault and tearing the clothes is absolutely false. He further submits that equally the allegation of trampling and destroying of crops are false. Learned counsel further submits that in respect of the land in question, title suit bearing T.S. No. 58 of 1988 is pending between the University and the vendor of Dr. Kolay. In such circumstances, prosecution under Sections 379 and 427 of the Indian Penal Code would not be made out and cognizance thereof is liable to be quashed. He further submits that there is bonafide land dispute between University and Dr. Kolay. Learned counsel further submits that they had gone to the land in question as Legal incharge and as officers of the University to safeguard its property. He further submits that in order to create a defence, the aforesaid complaint has been filed. In spite of notice, no one appears on behalf of opposite party - 3 - no.2. The case is of the year, 1995 and no useful purpose would be served in continuation of the prosecution under such trifle sections. In the facts and circumstances of the case, the impugned order dated 24.05.1995 taking cognizance in C.R. No.79 of 1995 as well as order dated 13.04.1998 passed by 3rd Additional Sessions Judge, Darbhanga in Cr. Rev. No. 76 of 1997 and Cr. Rev. No. 83 of 1997 affirming the order of cognizance, are set aside. In the result, these applications are allowed. Uday/ (Samarendra Pratap Singh, J.)