Judgment 1. This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 22.6.2005 passed by learned S.D.J.M., Buxar in Complaint Case No. 523(C)/ 2004 thereby cognizance under Sections 147, 323, 379 and 448 I.P.C. has been taken against this petitioner & others. 2. Heard learned counsel for the petitioner as well as opposite party no. 2. 3. It appears that Maharshi Vishwanath College, Buxar is running since 1958-59 over the land named and styled as Khakhi Baba Hata situated in Charitravan, Buxar, District-Buxar. This petitioner is the Principal of the College. It further appears that opposite party No. is claiming that land on the basis of oral gift made by Dumrao Maharaj whereas the college is claiming that land by virtue of registered gift deed 1.2.1958 (Annexure-2). It further appears that opposite party no. 2 has filed several cases civil as well as criminal against the college authorities claiming his title over the land over which the college is standing. 4. On perusal of the complaint petition is appears that the allegation against the petitioner and others is that on 22.8.2004 at about 11.30 a.m. this petitioner and other employees of the collage broke open the gate of the house of opposite party No.2 alleged to be tanding in Khakhi Baba Hata and looted the properties of opposite party No.2 and also an attempt was made upon his life by opening fire. However, it did not cause any injury. 5. The submission of learned counsel for the petitioner is that the entire case is false and baseless. This case has been filed by opposite party No.2 only in order to harass the petitioner and other employees of the college and to lay false claim over the land in question over which the college is standing. The land in question is in possession of the college since 1958 by virtue of registered gift deed (Annexure-2). It is further submitted that apart from the present case earlier also opposite party No.2 had filed other cases in which cognizance have been taken but they have been stayed by this Court. In support of the contention, Annexure 3, 4 and 5 series have been filed. It is further submitted that apart from the present case earlier also opposite party No.2 had filed other cases in which cognizance have been taken but they have been stayed by this Court. In support of the contention, Annexure 3, 4 and 5 series have been filed. Annexure-4 has been filed to show that the then Principle of the college filed a criminal case against the opposite party No.2 and others in which he was convicted by judgment dated 9.12.2004 passed in Session Trial No. 842 of 1992. However, opposite party No.2 has preferred appeal against that order. 6. On the other hand, learned counsel for opposite party No.2 submitted that at this stage, cognizance should not be quashed under Section 482 Cr.P.C. as in course of enquiry under Section 202 Cr.P.C. a large number of witnesses have supported the allegation levelled in the complaint petition. 7. Considered the submissions of learned counsel for both the parties and perused the judgment filed by petitioner as also the counter affidavit. 8. It is quite apparent from the documents that opposite party No.2 is in habit of filing criminal and civil cases and is claiming the land of the college by virtue of oral gift whereas the college is running since 1958 over the land which has been acquired through registered gift deed executed by Dumrao Maharaj. 9. Having regard to the facts and circumstances of the case, it is clear that filing of criminal case against this petitioner and others is misuse of the process of the Court. It has been filed with ulterior and malice motive in order to harass the petitioner and cause loss to the college. Accordingly, this application is allowed. Impugned order dated 22.6.2005 passed by learned S.D.J.M., Buxar in Complaint Case No. 523(C)/2004 is, hereby, quashed but in respect of this petitioner only.