IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18580 of 1998 1. RAM NARESH PRASAD SINGH S/O LATE DWARIKA SINGH, DISTRICT MANAGER, B.S.C. LAND DEVELOPMENT BANK, KHAGARIA. 2. SATYENDRA SINGH S/O SRI SHYAM NARAIN SINGH, BRANCH MANAGER, B.S.C. LAND DEVELOPMENT BANK, KHAGARIA 3. RUDRA PRATAP SINGH, S/O SRI KANHAIYA PRASAD SINGH, FIELD OFFICER, B.S.C. LAND DEVELOPMENT BANK, KHAGARIA…….PETITIONERS Versus 1. STATE OF BIHAR 2. NAWAL KISHORE SINGH, S/O LATE RAJENDRA PRASAD SINGH, R/O VILLAGE BANGRAHA, P.S. & DISTRICT-KHAGARIA…….OPPOSITE PARTIES. ----------- For petitioners: Mr. Manoj Kumar, Advocate For the State : Mr. Lala Kailash Bihari Prasad, Sr, Advocate ------------ 4. 26-Mar-2010 Heard learned counsel for the petitioners and learned counsel for the State. In spite of notice nobody has appeared on behalf of complainant, O.P. No.2 2. All the three petitioners are officials of Bihar State Co-operation Land Development Bank, Khagaria and they have been made accused on the allegation that in spite of an order of status-quo passed by the learned Sub- Judge, Khagaria in a Title Suit filed by the complainant against order for recovery of bank’s loan in a Certificate Proceeding, the petitioners proceeded to seize his tractor and allegedly they also indulged in high-handed acts of taking 2 away a goat and a chain from the body of a boy. 3. There is clear averment in paragraphs-18 and 19 of the quashing application that in Title Suit No. 58/97 filed by the complainant for a declaration that entire Certificate Proceedings including various orders were illegal, an order of status-quo was extended from time to time only till 15.4.1998 because some talks for compromise were going on but thereafter no order of status-quo was in existence and on 6.7.1998 as a Special Executive Magistrate, the petitioner no.1, proceeded to execute order of attachment issued in the Certificate Proceedings against the complainant for recovery of a loan of Rs. 3.5 Lacs for a tractor. The photo copy of warrant of attachment and the seizure list in respect of tractor in question have been annexed as Annexure-7 and 8. 4. It has rightly been submitted on behalf of the petitioners that they were engaged only in their official duties under statutory powers as per valid order as passed in the Certificate Proceedings. There is also merit in the submission that main allegation is only of violation of order of status-quo and attachment of the tractor and some 3 additional allegations have been made only as exaggeration and embellishment. 5. Considering the facts and circumstances of the case, the prayer made in this application is allowed. The entire criminal prosecution including issuance of summons against the petitioners in Complaint Case No. 289 (C) of 1998 corresponding to T.R. No. 478/98 pending before Judicial Magistrate, 1st Class, Khagaria is hereby quashed because the pendency of such a prosecution will be an abuse of the process of the Court. perwez (Shiva Kirti Singh, J.)