IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35349 OF 2008 1. SABUJA DEVI, WIFE OF SHRI KAPILDEO SINGH 2. LAL BADAN DEVI, WIFE OF SHRI UMA MAHESH SINGH 3. LAL DEVI, WIFE OF SHRI HARDEO SINGH 4. SAROJ DEVI @ SALORAN DEVI, WIFE OF SHRI KAUSHAL KISHORE SINGH 5. NUTAN DEVI @ UTTAN DEVI, WIFE OF SHRI ARBIND KUMAR 6. ASHA DEVI, WIFE OF SHRI ASHOK KUMAR ALL RESIDENT OF VILLAGE, POST OFFICE MAIN, POLICE STATION BELAGANJ, DISTRICT GAYA ………………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. BIMALA DEVI, WIFE OF SHRI PRAHLAD SHARMA, RESIDENT OF VILLAGE AND POST OFFICE MAIN, POLICE STATION BELAGANJ, DISTRICT GAYA ……………………………………………………………………….OPOSITE PARTIES ********** 4 26/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 28.07.2008 passed in Belaganj Police Station Case No. 83 of 2005 (Trial No. 1317 of 2008) by which the Court below has refused to discharge the petitioners for the offences alleged to have been committed under Sections 147, 148, 149, 341, 323, 379, 447, 448 and 504 of the Indian Penal Code. The prosecution case, in short, is that 17 persons named in the First Information Report came to the verandah of the informant’s house which is khata no. 82, plot no. 1032. There is a partition suit pending between the parties regarding the said land. The 2 accused persons have filed the suit before the Court below. At present, they have filed First Appeal No. 126 of 1980 before this Court. It is alleged that the accused persons, variously armed, entered into the verandah of the house in question and the informant’s husband, who is a lawyer, objected. It is alleged that they took away certain articles from the house. With respect to the allegation, the petitioners, who are ladies, have mentioned that they took away three tables, five chairs and five mattresses from the verandah of the informant’s house. Learned Counsel for the petitioners submits that the case is apparently untrue. If the petitioners had succeeded in breaking open the house and entered into the dalaan where the disputed plot is situated, they would have tried to occupy it in order to get an advantage and come in the possession over the said land. It is also submitted that it is unbelievable that the women of the family would come after forming a mob and carry away tables, chairs and mattresses. It is also unbelievable that the informant would leave his mattresses out in the dalaan to be covered by dust and rain. Therefore, Counsel for the petitioners prays that the application so far as these petitioners are concerned, should be allowed. 3 Notices were issued to Opposite Party No. 2 which were received by her daughter. It seems that the Opposite Party No. 2 has deliberately chosen not to appear in this case although they must be aware of the fact that the petitioners have moved this Court since an application must have been filed in the Court below regarding this aspect of the matter. This Court comes to the conclusion that as far as the allegations against the ladies members of the mob are concerned, it is unbelievable that they can commit such an theft, such as carrying away chairs, tables and mattresses. In the result, I quash the order dated 28th July, 2008 passed by the Judicial Magistrate, 1st Class, Gaya in Belaganj Police Station Case No. 83 of 2005 (Trial No. 1317 of 2008) as far as it relates to the above named ladies petitioners subject to the fact that the trial has not commenced in this case. This application is allowed to the extent indicated above. It goes without saying that if the trial has commenced in this case, this order would have no effect and the petitioners have to face the trial. Anand (Sheema Ali Khan, J.)