IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13981 of 2007 1. MADHUSUDAN PANDEY, SON OF LATE HARI NARAIN PANDEY 2. SARSHWATI DEVI, WIFE OF MADSUDAN PANDEY 3. PARMESHWAR SINGH, SON OF BALKESHWAR SINGH ALL RESIDENT OF VILLAGE MAHI BIGHA, P.S. NABINAGAR, DISTRICT AURANGABAD. ---- PETITIONERS Versus 1. STATE OF BIHAR 2. BASUDEO RAM, SON OF LATE BALKESH RAM, RESIDENT OF VILLAGE KARAMDIH, P.S. NABINAGAR, DISTRICT AURANGABAD. ---- OPPOSITE PARTIES For petitioners :- Mr. Vikram Deo Singh, Advocate For O.P.No. 2 :- Mr. Krishna Pd. Singh, Sr. Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 5 25.3.2010 Heard the parties. This application has been filed against the order dated 9.1.2007, passed by the Sub-divisional Judicial Magistrate, Aurangabad in Complaint Case No. 1035 of 2001, Tr. No. 283 of 2007 by which the Court below was pleased to take cognizance of the offence under Section 379 of the Indian Penal Code and Section 3/4 of the S.C./S.T., Prevention of Atrocities Act. Both the petitioners and the opposite party no. 2 are purchasers of land from one Most. Maharani Kuar with respect to Khata No. 59, Plot Nos. 575 and 574. The petitioners claim that they purchased Plot No. 575 measuring 24 decimals and Plot No. 574 measuring 40 decimals by a sale deed dated 12.4.1996 whereas the opposite party no. 2 claims that he purchased Plot No. 575 measuring 12¼ decimals and Plot No. 574 measuring 19 decimals from Most. Maharani Kuar by a sale deed dated 26.6.2001. The case of the opposite party no. 2 is that petitioners went to his land and cut the paddy from the field and 2 caused a loss of about 20 mounds of paddy. It is further alleged that when the opposite party no. 2 protested against the acts of the petitioners, petitioner no. 1 is said to have addressed him by his caste name i.e. “pekj”. On the basis of the aforesaid facts, the Court below has taken cognizance of the offences under Section 379 of the Indian Penal Code and Section 3(v) of the S.C./S.T. Prevention of Atrocities Act. Learned counsel for the petitioners submits that this case relates to a bona fide dispute with respect to the lands in question. The petitioners claim that the lands from where they had cut the crop had been purchased by them and the opposite party no. 2 alleges that the petitioners had cut the crop from the lands purchased by the opposite party no. 2. This dispute can be settled by filing an application before the Circle Officer to get an Amin appointed to measure the respective portion of the land. However, a criminal case has been filed by the opposite party no. 2. Learned counsel for the opposite party no. 2 submits that Sub section (v) of Section 3 of the S.C./S.T. Act provides: 3. “Punishments for offences of atrocities.-(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- (v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises 3 or water;” shall be liable for an offence under this Section. Learned counsel for the petitioners submits that harvesting the crop amounts to dispossession of opposite party no. 2. This Court finds that this is a case of bona fide land dispute which can be resolved by alternative method and the parties will be well advised to use the remedies provided under the law. The question whether harvesting of crop would amount to dispossession, require detailed hearing at the time of framing of charge. This Court cannot interfere with the order dated 9.1.2007 passed by the Sub-divisional Judicial Magistrate, Aurangabad in Complaint Case No. 1035 of 2001, Tr. No. 283 of 2007. I may observe that if the parties resolve to getting the lands measured and demarcating it by an Amin and file an application in this regard, the Court below may consider this aspect at the time of framing of charges as it would lead to settlement of the dispute if the parties have no grievance with each other with respect to the lands in question. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)