Arun Kumar Agrawal and Onkar Mishra vs The State of Bihar and Bhola Rai

Anjana Prakash, J.—The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 10.9.2007 passed by the Chief Judicial Magistrate, Munger in Kashim Bazar P.S. case No. 103 of 2007 (G.R. No. 1196 of 2007). The case of the Informant is that he had planted grass worth Rs. 20,000/- but the accused persons started to take them away and also assaulted his care taker. The Petitioners were talking about sale of the land but it could not be sold because it was Sevayat property in the name of Smt. Bimla Devi Agrawal.

The Counsel for the Petitioners submits that Petitioner No. 1 is the sole owner of the land in question, which is evident from the decree passed in Title Suit No. 120 of 1975. In fact as is evident from the First Information Report the present dispute is on account of title over a certain piece of land between two factions and with exaggerated allegations the First Information Report has been filed.

No one appears on behalf of the Opposite Party No. 2.

Considering the nature of allegations contained in the First Information Report, in my opinion the continuance of the present proceeding is a gross abuse of the process of the Court and deserves to be set aside. Hence, the application is allowed and the entire proceeding including the order of cognizance dated 10.9.2007 passed by the Chief Judicial Magistrate, Munger in Kashim Bazar P.S. case No. 103 of 2007 (G.R. No. 1196 of 2007) is hereby set aside.