Samrendra Mishra vs The State of Bihar

Anjana Prakash, J.—It has been submitted on behalf of the Counsel for the Opposite Party No.2 that he has no instructions in the matter since file has been taken away by him.

The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 8.4.2005 passed by the Judicial Magistrate, 1st class, Samastipur in Complaint case No.349 of 2004 (Trial No.676 of 2007).

The case of the Complainant is that while he was going from one place to another, the accused persons surrounded him and on the point of pistol and knife relieved him of his personal belongings as also obtained his signature on four stamped papers. The Complainant further stated that on 10.1.2004 at 2.30 P.M. accused Samrendra Mishra and 3-4 persons had stolen case file near the Civil Court and they did not return the same and instead threatened him. The file contained original agreement and sale-deeds and other important documents.

The background facts of the case is that Complaint case No.923 of 2003 was initiated against the Complainant and his family members stating therein that the Complainant had taken possession of his land by Sud bharna but subsequently to grab the same forged ante-dated sale agreements.

The submission of the Petitioner is that in the background facts evidently the present Complaint is malicious and deserves to be set aside.

Having considered the aforesaid, I have no manner of doubt that the present Complaint 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 dated 8.4.2005 passed by the Judicial Magistrate, 1st class, Samastipur in Complaint case No.349 of 2004 (Trial No.676 of 2007) is hereby quashed.

However, the quashment of the present proceeding shall have no bearing on any civil litigation pending between the parties.