Criminal Miscellaneous No.5215 of 2004 *** In the matter of an application under section 482 of the Code of Criminal Procedure. *** 1. Akhileshwar Prasad, retired Executive Engineer son of late Ramadhar Prasad, 2. Chandeshwar Singh son of late Rajdeo Singh, 3. Manoj Kumar Sinha son of Late Yadu Nandan Sahay & 4. Binod Kumar Sinha, Sarjent Major, in police department posted at S.P. Office at Sheikhpura, District- Seikhpura, son of late Yadu Nandan Sahay. All resident of Mohalla- Mitra Mandal Colony, Saket Bihar, P.S. Phulwarisharif, Patna. ...Petitioners Versus 1. The State Of Bihar 2. Sunil Kumar alias Murari Lal Yadav son of Ram Baran Rai, resident of Mohalla- Harani Chak, P.S. Phulwarisharif, District- Patna. …Opposite parties *** For the petitioners : None For the O.P. No.2 : None For the State : Mr. C. 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 1.5.2003, by which the Judicial Magistrate, 1st class, Patna, in Complaint Case No.520 © of 2003, has taken cognizance for the offence under sections 323, 379, 504/34 Indian Penal Code against the petitioners. 2. By order dated 03.09.2004, notices were issued to the opposite party no.2 pursuant to which the opposite party no.2 appeared and, thereafter on 6.9.2005 the matter was admitted for hearing with interim order of stay. - 2 - 3. Today neither of the parties has chosen to appear before this court. The case of the complainant is that on 5.3.2003 at about 8 am in the morning the accused persons came upon his land, whereas, petitioner nos. 4 and 3 coerced him to sell the land in question, two unknown police personnel locked him up in P.S. Hajat. The accused persons are also said to have snatched rupees five thousand, watch and golden chain. 4. After examination of the complainant on solemn affirmation and some witnesses in course of enquiry under section 202 Cr. P. C. cognizance was taken in the matter. 5. It has been submitted by the petitioners, as is evident, from the pleadings in the petition that in fact the petitioners had purchased certain piece of land through Mitra Mandal Co-operative Housing Construction Society Limited, Purandarpur, Patna, but the opposite party no.2 had dug out a pond over plot no.751 which was being used as road by the petitioners and public at large who had suffered by the act of the opposite party no.2, on account of which, petitioner no.4 informed the Officer-in-charge of Phulwarisharif P.S. about the same and prayed for action under section 133 Cr. P. C. On the said application, the police submitted a report to the Sub-Divisional Magistrate for taking steps under section 133 Cr. P.C. and also for initiation of a proceeding under section 107 Cr. P. C. for maintaining peace. Despite the said action, the opposite party no.2 continued his highhandedness and repeated complaints were made by the petitioners against him before the local police. It appears that after the said complaints were made by the petitioners against the opposite party no.2, the present complaint has been instituted obviously with malicious intent. The Hon’ble Supreme Court in the case of Bhajan Lal - 3 - Vs. State of Harayana (1992 SCC (Cri) 426) has laid down the parameters for the courts for exercising its jurisdiction under section 482 Cr. P. C. and one of them is that if the court finds that any prosecution has been embarked upon with malicious intent, the same be considered an abuse of the process of court. 6. In view of such, this application is allowed and the order dated 1.5.2003 passed by the Judicial Magistrate, 1st class, in Complaint Case no.520 © of 2003, by which cognizance has been taken against the petitioners, is hereby quashed. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 7th July, 2010 NAFR / JA/-