Anil Kumar Sinha, J. – Petitioners have filed the present application under Section 482 Cr.P.C. for quashing the order of cognizance dated 16.02.2015 in Complaint Case No. 862(C) of 2012 under Sections 323, 504, 506 of the I.P.C. passed by learned J.M. 1st Class, Danapur.

2. During pendency of this application, the petitioner no. 3 died. The petitioner nos. 1 to 3 are own brothers and the petitioner no. 4 is the nephew.

3. The Opposite Party No. 2 namely, Chinta Devi filed Complaint Case No. 862 (C) of 2012 claiming herself to be the Sevayat of Mahavir Mandir Trust and its properties situated at plot nos. 363, 364, 984, 11, 254, 256, 267 bearing Khata Nos. 184, 183 & 180 in Mauza- Bihta measuring an area of 4.32 Acres in the District of Patna. The petitioners, who are of the same locality having an evil eye on the said property in collusion with the State officials manufactured forged documents and started interfering with the title and possession of the complainant. The petitioners pressurized the Opposite Party No. 2 to sell half of the land or to part with Rs. 50 Lakhs. The complainant filed a petition under Section 144 Cr.P.C. After getting knowledge that 144 Cr.P.C. proceeding has been initiated, the petitioners on 07.08.2012 along with 10-15 unknown persons came with arms and ammunitions at the temple and started abusing the complainant, torn her clothes in order to outrage her modesty. They threatened the Opposite Party No. 2 and forcibly took her signature on a red paper.

4. Learned counsel for the petitioners argued that as per the allegation made in the complaint petition, the petitioners and others interfered with title and possession over the land in question and in course of which the occurrence has occurred on 07-08-2012. The allegations are completely unfounded and baseless inasmuch as the Opposite Party No. 2 is having false claim over the land in question. Contrary to the claim of the complainant / Opposite Party No. 2, title and possession of the land in question vests with the petitioners and not with the complainant. The petitioners relied upon the documents annexed with the 2nd supplementary affidavit in support of their claim which are judgment and decree passed by learned Additional Sub Judge, Patna in Title Mortgage Suit No. 34 of 1940 wherein the mortgage suit was decreed in favour of the predecessors-in-interest of the petitioners. The order sheet of the Execution Case No. 16 of 1944 showing execution and delivery of possession of entire land, copy of “hukumnama” executed in the year 1955 issued by late Chhathu Lal Sao in favour of the petitioner no. 1 by which the land of 5 Acres situated at different plots of Tauzi No. 15661, Mauza- Bihta was settled in favour of the petitioner no. 1. Learned counsel further argued that the land in question has remained in title and possession of the petitioners.

5. After abolition of “zamindari”, return was filed by the outgoing “zamindar” in favour of the petitioner no. 1 for the settled land of 5 Acres. The name of the petitioner no. 1 is entered in the revenue records and rent receipts of the land are being issued by the Government of Bihar in favour of the petitioner no. 1, therefore, the land in question is the “raiyati” land of the petitioner no. 1 since 1955.

6. An area of 3.05 Acres out of the said land of 5 Acres was acquired by the Government of Bihar in the year 1976 under the provisions of Land Acquisition Act, 1894 which was contested by the petitioner no. 1 up till the Hon’ble Supreme court in which order dated 14.02.2012 was passed by the Supreme Court directing handing over vacant possession of the land to the petitioner no. 1. On 29.07.2012 in compliance of the order of the Hon’ble Supreme Court the concerned land admeasuring 3.05 Acres situated in Mauza- Bihta, Khata No. 184, Survey Plot Nos. 262, 263, 264, 265 and 256 was handed over to petitioner no. 1 as would be apparent from the letter dated 27.07.2012 issued by District Land Acquisition Officer,