IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9752 OF 2009 1. ASHOK KUMAR @ ASHOK KUMAR BAJORIA, SON OF LATE DWARIKA PRASAD BAJORIA 2. DABLU @ SHYAM SUNDAR BAJORIA, SON OF SHRI OM PRAKASH BAJORIA 3. BABLU @ ANAND KUMAR BAJORIA, SON OF SHRI OM PRAKASH BAJORIA ALL RESIDENT OF MOHALLA SIKANDARPU CHOWK, P.O., P.S., TOWN AND DISTRICT MUZAFFARPUR ……………………………………………………………………….…….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. MD. OWAIS @ CHHAILA, SON OF MD. SHOAIB, RESIDENT OF VILLAGE SIPAHPUR, POLICE STATION AHIYAPUR, DISTRICT MUZAFFARPUR ………………………………………………………………….OPPOSITE PARTIES ******** FOR THE PETITIONERS :- MR. Y. V. GIRI, SENIOR ADVOCATE MR. SURAJ SAMDARSHI, ADVOCATE FOR THE S T A T E :- MS. INDU BALA PANDEY, A.P.P. ************** 3 10/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have challenged the order dated 27.08.2008 passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 689 of 2004 and the order dated 15.11.2008 passed by the Sessions Judge, Muzaffarpur in Criminal Revision No. 213 of 2008. By the impugned orders, the discharge application has been dismissed. The allegation is that the petitioners had inflicted fist blows on the complainant. The complainant is claiming that he has a right over the land which is adjacent to the land of the factory and his possession 2 was being disturbed by the petitioners and as such on protest the occurrence took place. The allegations are minor in nature as it is alleged that the petitioners slapped the complainant and took out Rs. 500/- and snatched a watch. Learned Counsel for the petitioners submits that the case is frivolous and unbelievable inasmuch as that the owner of a factory cannot indulge in such petty act as snatching Rs. 500/- from the pocket of the complainant or snatching a watch or for that matter, slapping him or giving him fist blows. Besides which, it is submitted that the genesis of the occurrence is completely untrue as the complainant has not been able to show that he has a single inch of land near the petitioner’s factory and as such the Trial Court should discharge the petitioners. It would be open to the petitioners anytime to settle the matter with the complainant considering the petty nature of the case and the fact that the genesis of the case appears to be incorrect before the commencement of the argument. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)