Prasant Kumar, J - This is an application for quashing the order dated 22.12.2010 passed by Chief Judicial Magistrate, Ranchi in Ormanjhi P.S. Case No. 109 of 2008 corresponding to G.R. Case No. 3746 of 2008, whereby he took cognizance of the offences under Sections 147, 148, 149, 448, 341, 342, 323, 379, 427, 435 and 452 of the I.P.C. and issued summons against petitioners.

2. It is alleged that one Smt. Usha Devi had purchased 1.19 acres of land pertaining to khata no. 30, plot no. 18 at village-Chakla vide sale deed no. 10415 dated 07.07.2005 and came in peaceful possession of the same. It is further alleged that the aforesaid Usha Devi took loan from Allahabad Bank, Harmu Branch, Ranchi and constructed a hotel in the name and style of Amantran Restaurant. It is then alleged that on 26.09.2008 at about 8:00 a.m. in the morning accused persons came at the premises of Amantran Restaurant armed with several weapons such as sword, bhala, gun, pistol etc. and demolished building of Restaurant by using a bulldozer. It is further alleged that they assaulted informant and his men present at the Restaurant. It is then alleged that in course of occurrence accused persons damaged utensils, chairs, tables, generator, electronic goods and refrigerator of the Restaurant. It is further alleged that accused Nand Gopal Sahu snatched golden chain of Abhay Dubey worth Rs. 18,000/-. It is also alleged that all the accused persons burnt motorcycle bearing registration no. JH-01P-8875, which stood in the name of Manoj Kumar Tiwari.

3. On the basis of aforesaid written report, police registered Ormanjhi P.S. Case No. 109 of 2008 dated 26.09.2008 and took up investigation. After investigation, charge sheet submitted against Court-accused Govind Lal Gupta, Ugresen Sahu, Uma Shankar Sahu, Amit Kumar Sahu, Govind Prasad, Laxman Sahu, Mukesh Pandey, Nandy Dubey, Ashish Sahu, Ramesh Sahu and Ramesh Sahu on 24.11.2008 and on the basis of same, cognizance was taken against aforesaid accused persons. It then appears that a supplementary charge sheet filed against petitioners vide charge sheet no. 179 of 2010 dated 30.11.2010 and on the basis of said supplementary charge sheet, learned Chief Judicial Magistrate vide order dated 22.12.2010, took cognizance of offences under Sections 147, 148, 149, 448, 341, 342, 323, 379, 427, 435 & 452 of the I.P.C. against petitioners. Aforesaid order dated 22.12.2010 challenged in this application.

4. It is submitted by Sri R.S. Mazumdar, learned senior counsel for the petitioners, that admittedly a title suit is pending in between the parties with respect to the land pertaining to khata no. 30 plot no. 18 of village-Chakla. It is also submitted that a proceedings under Section 144 Cr.P.C. and Section 107 of the Cr.P.C. was initiated against the informant and Smt. Usha Devi in connection with land in question and prohibitory order passed against them. It is submitted that informant and Smt. Usha Devi violated said prohibitory order and same was brought to the notice of Sub Divisional Magistrate, Sadar, Ranchi by the petitioners. It is submitted that Sub-Divisional Magistrate directed Ormanjhi police to conduct an inquiry and after conducting inquiry Ormanjhi police submitted a report on 08.05.2008 for initiating a proceeding against Smt. Usha Devi and Ajay Kumar Dubey under Section 188 of the Indian Penal Code. It is submitted that as a counter blast to aforesaid report, submitted by Officer-in-charge, Ormanjhi Police Station, present case had been filed. It is submitted that the present F.I.R. lodged maliciously with ulterior motive for wreaking vengeance on the petitioners, because they filed title suit as well as application for initiation of proceeding under Sections 107, 144 & 145 of the Code of Criminal Procedure.

5. On the other hand, Sri Mahesh Tewari, learned counsel for the opposite party no. 2, submits that it is true that a civil suit, bearing Title Suit no. 315 of 2007, is pending in the court of Sub-Ju