Chandra Shekhar Jha, J.—Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The present application has been preferred for quashing of order taking cognizance dated 22.06.2009 passed in connection with Kotwali Complaint Case No. 2065(C) of 2008 by the learned Judicial Magistrate - 1st Class, Bhagalpur, by which cognizance has been taken against the petitioner and others for the offfences under Section 323/379/34 of the Indian Penal Code (in short the ‘I.P.C.’).

3. A Notice was issued to opposite party no. 2/ complainant namely, Prabhash Chandra Sah, which was duly served upon him and was represented before this Court through advocate of his choice.

4. Precisely, the case of the complainant as it appears from the narration of his complaint, that he had been carrying out his business of fruits and coconuts for many years in his shop situated in Girdhari Sah Lane, Sujaganj, Bhagalpur, which was purchased by him with his three brothers through a registered sale deed in the year 1999 from Hirendra Prasad Sah and Mahendra Prasad Sah. It further appears from narration of complaint that petitioner being one of the influential and rich person of the locality and being owner of Girdhari Sah Hatia, with intention to grab his shop, first offered O.P. No.2 to sale the shop but when he refused to do so, petitioner along with his associates began to harass him and in furtherance of that began to dig a trench adjacent to his shop as to get it demolished. It was further alleged that when the trench was dug upto depth of 10 ft., having apprehension of demolition of his shop building, he informed S.H.O. Kotwali and S.S.P. Bhagalpur in writing, but no action was taken by the police.

5. It is further alleged that continuing harassment as to achieve the desired object to grab the shop/building of the complainant/O.P. No. 2, petitioner on 10.11.2008 at about 11:00 p.m. along with Rajesh Madrasi, Javed Khan, Mahadeo Sah and Jagdish Yadav armed with weapons entered into the shop of O.P. No. 2. They were also accompanied by several labourers to whom petitioner ordered to throw out the goods of O.P. No. 2 from his shop, and in compliance of his said order co-accused Rajesh Madrasi, Javed Khan, Mahadeo Sah and Jagdish Yadav started to loot the goods and loaded it to a tractor. Goods were mainly consisting of five bags of coconuts, one petromax,one cash box, one door and one iron grill etc. and while leaving the alleged place threatened to complainant/O.P. No. 2 that he has no option but to sale the shop to him. While concluding the allegation, it was stated that the looted goods was worth of several lakhs of rupees. It was also alleged that during course of occurrence his shop was finally demolished. The complainant/O.P. No. 2 informed the police regarding the said occurrence, but no help was extended to him by police administration, failing which the present complaint case was filed on 13.11.2008 before learned C.J.M., Bhagalpur.

6. It is submitted by learned counsel appearing on behalf of the petitioner that the dispute between the parties are of civil nature and same was given a criminal colour to settle the civil dispute.

7. It is pointed out by learned counsel for petitioner that regarding same occurrence O.P. No. 2 lodged a F.I.R. which was registered as Kotwali P.S. Case No. 755/2008 dated 13.11.2008 against the petitioner and others for the offences committed under Section 341, 323, 427, 447, 385 and 34 of the I.P.C., where after investigation police submitted final form/charge-sheet through charge-sheet No. 1139/2009 dated 31.12.2009 and did not sent up this petitioner for facing trial by exonerating him, supplying the reason that during investigation the dispute was found civil in nature.

8. It is pointed out that aforesaid final form was also accepted by learned CJM, Bhagalpur, but O.P. No. 2 neither filed any protest petition nor expressed any grievance against the petitioner before the learned CJM court,