CRIMINAL MISCELLANIOUS No.6065 OF 2004 ******** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********* 1. MD. ANWARUL HAQUE, S/o of Late Abdul Aziz, Resident of Mohalla Sohabati Colonyy (Haque Colony) P.S. Mehsaul (O.P.) District-Sitamarhi. 2. Md. Asad, S/o Md. Isharul Haque, Resident of Village Garahiya, P.S. and District-Sheohar. -----------------(Petitioners) Versus 1. THE STATE OF BIHAR. 2. Arun Kumar Chaudhary (Adhivakta) Zila Adhivakta Sangh, Group No. 7, Sitamarhi Dumra Court, Sitamarhi. ----------------(Opposite Parties) ******** For the Petitioners : Md. Anisur Rahman, Adv. For the Opp. Party No. 2 : Mr. Sunil Kr. Sharma, Adv. For the State : Mr. Choubey Jawahar, APP ******** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ******** Anjana Prakash, J. The petitioners seek quashing of the order dated 11.11.1998 passed by Judicial Magistrate, 1st Class, Sitamarhi by which he has taken cognizance for offences under Sections 342, 355, 506, 418, 119, 462 and 380 of the Indian Penal Code and Section 27 of the Arms Act in Complaint Case No. 592 of 1998 (Tr. No. 871 of 1998). 2. By an order dated 09.09.2005 the Opposite Party No. 2 was noticed and thereafter 2 on 05.08.2006 the application was admitted for hearing. In the meanwhile further proceedings in the court below was stayed. Today the counsels for both the parties are present in Court and advance their rival contentions. 3. The case of the complainant is that he was a tenant of the petitioners and had helped in his elections despite which on 11.04.1998 he was expelled from the house whereas his belongings remained behind. On 30.06.1998 a Magistrate was deputed by the DM, Sitamarhi to ensure delivery of the petitioners’ belongings from the house of the petitioners and the parties went to the house on 10.07.1998. On the said date the petitioner No. 1 is said to have insulted the complainant and his family members and also snatched a key from the purse of his wife on the threat of revolver. However, being compelled, he signed on an inventory that he had received his belongings which were kept in the house. 4. It has been submitted that from the facts of the case no offence whatsoever is made 3 out and evidently the allegation that the petitioner No. 1 snatched the key from the wife of the complainant at pistol point is evidently exaggerated since had it been so the Magistrate who was accompanying the complainant would have reported the matter. On the contrary the Magistrate reported to the authorities that the complainant refused to take his belongings from the house. The further submission of the counsel for the petitioner is that in fact there was dispute with regard to tenancy and the petitioner being the owner had demanded the rent which was due and in stead of paying the same he instituted this complaint case for ulterior purposes. The counsel for the Opposite Party No. 2 contends that it is not the stage at which the niceties of the criminal case should be gone into and if prima facie case is made out against the accused persons the cognizance should not be quashed. 5. In my view, on going through the complaint petition, I find total absence of commission of any criminal offence much less 4 under Sections 342, 355, 506, 418, 119, 462 and 380 of the Indian Penal Code and Section 27 of the Arms Act. Moreover, at this stage to ensure proper justice to the parties, I am inclined to look into the documents filed on behalf of the petitioners which reveals a land- lord tenant dispute and in this background the complaint is nothing but a malicious prosecution instituted only with a view to reek vengeance on the accused persons. 6. In view of such, this application is allowed and the entire proceeding including the order dated 11.11.1998 passed by Judicial Magistrate, 1st Class, Sitamarhi by which he has taken cognizance for offences in Complaint Case No. 592 of 1998 (Tr. No. 871 of 1998) is hereby set aside. 7. Application stands allowed. Patna High Court, Patna. Dated the 15th July, 2010 NAFR/ Vikash/- ( Anjana Prakash, J.)