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2012 DIGILAW 596 (JHR)

Syed Shah Aftab Ahmad v. State of Jharkhand

2012-04-19

R.R.PRASAD

body2012
ORDER 1. By Court-Heard the parties. 2. This application has been filed for quashing of the entire criminal proceeding of Chatra Sadar P.S. Case No.14 of 2001 (T.R. No. 885 of 2001) including the order dated 9.5.2001 passed by the then Chief Judicial Magistrate, Chatra whereby and whereunder, cognizance of the offences punishable under Sections 109, 147, 148, 149, 341, 342, 353, 384 & 224 of Indian Penal Code has been taken against the petitioner. 3. Mr. V. Shivnath, learned Senior Counsel appearing for the petitioner, submits that certain facts would be necessary to be stated for adjudication of the issue as it will have much bearing on it. 4. In this respect, it was submitted that one Safaruddin Ahmad, father of the petitioner, got the land bearing Plot No. 408 appertaining to Khata No. 10 measuring an area of 19 Bighas and also a land bearing Plot No. 19 appertaining to Khata No. 92 measuring an area of 5 ½ Katthas situated at Mauza-Kolhaiya, P.S. and District-Chatra settled under Hukumnama by the ex-landlord. Thereafter, he started holding cattle fair over that land but in course of time, when the District Administration started putting obstruction in holding cattle fair over that land as also over the land adjacent to those plots, Safaruddin Ahmad had to file a title suit bearing Title Suit No. 4 of 1955-56 for declaration of his right, title and interest over the said land as also for issuance of permanent injunction restraining the State Authority from making interference in holding cattle fair over the land, as aforesaid, and also with respect to other plots. That title suit was decreed vide judgment dated 30.4.1956 in favour of Safaruddin Ahmad. Thereupon, said Safaruddin Ahmad started holding cattle fair over that land but in course of time, when the petitioner being son of Safaruddin Ahmad acquired right, title and interest over the said land and started holding cattle fair over the said land, the District Administration again started putting obstruction in holding Mela and even intended to put those lands on auction for settlement to others. Said auction of the State Authority was challenged before• the Ranchi Bench of Patna High Court vide C.W.J.C. No. 3531 of 1998(R) which got dismissed. Said auction of the State Authority was challenged before• the Ranchi Bench of Patna High Court vide C.W.J.C. No. 3531 of 1998(R) which got dismissed. Against that order, the petitioner preferred L.P.A. No. 45 of 2000(R) whereby this Court after taking notice of the fact relating to petitioner's title directed the District Administration to demarcate the land recorded as Gair Mazaruwa from the land over which right, title and interest had been declared by the court of competent jurisdiction but the District Administration never demarcated the land recorded as Gair Mazaruwa from the land of the petitioner. 5. In this regard it was further submitted that the petitioner in exercise of his right when was holding cattle fair over the land, a case was registered as Chatra Sadar P.S. Case No. 14 of 2001 under Sections 147, 149, 341, 353 and 384 of Indian Penal Code on the allegation that when the informant alongwith others came to cattle fair, he saw this petitioner and other two persons collecting rent from the cattle sellers but they somehow escaped from there and thereafter, four persons were apprehended who were collecting rents from the cattle sellers and they disclosed that they are collecting rents on behalf of the petitioner and other two persons. After some time, a mob came over there and got those four persons released from the custody of the informant and other persons forcibly. On the said allegation not only this case but one more case as Chatra Sadar P.S. Case No. 15 of 2001 were registered. 6. The matter was investigated upon and after completion of the investigation, final form was submitted upon which cognizance of the offences, as alleged, was taken vide order dated 9.5.2001, which is under challenge. 7. On the said allegation not only this case but one more case as Chatra Sadar P.S. Case No. 15 of 2001 were registered. 6. The matter was investigated upon and after completion of the investigation, final form was submitted upon which cognizance of the offences, as alleged, was taken vide order dated 9.5.2001, which is under challenge. 7. Learned Senior Counsel further submits that from perusal of the order passed in L.P.A. No. 45 of 2000(R) (Annexure-5), it would appear that the petitioner had moved to this Court when the District Administration put obstruction over holding of cattle fair by the petitioner over the land, mentioned above and the Court after recognizing the right, title and interest of the petitioner directed the District Administration to demarcate the land recorded as Gair Mazaruwa from the land of the petitioner but without doing so, this case was registered on the allegation that the petitioner was collecting rent forcibly but when he was holding cattle fair over the land to which he is rightful owner, he can never be said to have collected rent illegally or forcibly and, therefore, the petitioner cannot be said to have committed any offence even if the allegation made in the FIR is taken to be true and under that situation, entire criminal proceeding is fit to be set aside. 8. Having heard learned counsel for the parties and on perusal of the records including the order passed in L.PA No. 45 of 2000(R), I do find substance in the submission advanced on behalf of the petitioner. 9. From perusal of the order, it does appear that the right, title and interest of the petitioner, predecessor in interest, had been declared by a court of competent jurisdiction, which has attained its finality. In that situation, if the petitioner was holding a cattle fair and was collecting rent, he cannot be said to have committed any offence. 10. In this respect, it be stated that when cognizance was taken in a case bearing Chatra Sadar P.S. Case No. 15 of 2001 lodged with respect to same occurrence, it was challenged before this Court in Cr. M.P. No. 452 of 2003 which was allowed whereby the order taking cognizance including the entire criminal proceeding of Chatra Sadar P.S. Case No.15 of 2001 was quashed. 11. M.P. No. 452 of 2003 which was allowed whereby the order taking cognizance including the entire criminal proceeding of Chatra Sadar P.S. Case No.15 of 2001 was quashed. 11. Accordingly, the entire criminal proceeding, including the order dated 9.5.2001 passed by the then Chief Judicial Magistrate, Chatra in Chatra Sadar P.S. Case No. 14 of 2001 (T.R. No. 885 of 2001) under which cognizance of the offences punishable under Sections 109, 147, 148, 149, 341, 342, 353, 384 & 224 of Indian Penal Code has been taken against the petitioner, is hereby quashed. 12. In the result, this application is allowed.