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Judgment
P.K. Deb, J.—Heard learned counsel for the parties.
This petition has been preferred u/s 482 of the Code of Criminal Procedure for quashing the order dated 13.12.1999 passed by the Judicial Magistrate, 1st Class, Bihar Sharif at Nalanda in G.R. case No. 1328 of 1999 against the Petitioners under Sections 427 and 34 of the Indian Penal Code.
An information was lodged by opposite party No. 2 for commission offence under Sections 379, 427 and 34 of Indian Penal Code on the ground that wall erected by the opposite party had been broken down by the Petitioners and the bricks thereof had been taken away. After investigation it could be found that both the parties were claiming the land by right of their purchase where the wall was erected or going to be erected. As there was bonafide claim from the side of the accused-Petitioner, police had filed no case under Sections 379/34 of the Indian Penal Code, as made above. They have only submitted charged sheet u/s 427/34 of the Indian Penal Code. The question of mischief does not come in if bonafide claim is there from the side of the persons who had alleged to have committed the mischief. The dispute between the parties can only be set at rest by a competent civil court. It is submitted at the bar that such sort of direction was there by the D.C.L.R. also on an earlier occasion.
In that view of the matter, cognizance taken and the criminal proceeding against the Petitioner would be nothing but an abuse of the process of the court, hence, they are quashed.
This petition is disposed of accordingly.