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Judgment
Anjana Prakash, J.—The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 15.01.2008 passed by the Chief Judicial Magistrate, Araria in Complaint Case No. 797 of 2006. The case of the Complainant is that he was the heir of a certain piece of property but some dispute was going on with some of the accused persons on account of which Title Suit No. 48 of 1999 was filed in which status quo was ordered. However, the Vice Principal of S.N.V. College in collusion with the Secretary Vindyavasini Devi sold the land of the college and used the property for their personal gain and interest. On account of this the Principal of the college also was put behind the bars. In these circumstances, the Complainant had kept certain documents of the college in his house. On 16.12.2000 the SDO, Araria gave a direction to the BDO directing him to hand over the documents to the Principal, S.N.V. College. However, it was not handed over. On the date of occurrence the accused persons came into in his house and forcibly broke upon the lock and took away the documents despite status quo order.
The Petitioners submit that evidently the present Complaint has been filed only with a view to harass one faction of the college the control of which is sought by each of the parties. In such circumstances, when the Court has not proceeded against the Petitioners for violation of the order of status quo the Complaint Petition should be dismissed.
On the other hand, the Counsel for the Complainant submits that since cognizable offences are made out in the Complaint Petition Petitioners should not be exonerated.
Having gone through the facts stated in the Complaint Petition, I have no hesitation in holding that it only discloses a grievance with regard to interference in the control of the college which by no stretch of imagination would be punishable in a Criminal Court.
Hence, the application is allowed and the entire proceeding including the order of cognizance dated 15.01.2008 passed by the Chief Judicial Magistrate, Araria in Complaint Case No. 797 of 2006 is, hereby, set aside.
The application stands allowed. However, the quashment of the present proceeding shall have no bearing on any civil claims of the parties.