DADAN SINGH YADAV @ DADAN SINGH @ DADAN PAHALWAN SON OF LATE LALCHAND SINGH Vs. STATE OF BIHAR AND RAMJI SINGH YADAV SON OF LATE KAILASH SINGH YADAV

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.

(2.) The First Information Report reveals that after the 2005 Election, the informant who was a member of the R.J.D. party was sitting in his Office at 08:30 AM when ten accused persons are said to have entered the Office of the informant and all of them dragged the informant out of the Office and this petitioner is said to have abused the informant and thereafter all the named accused persons had assaulted him with fists and slaps including the butt of the rifle, as a result of which the informant fainted and he was thrown on the road treating him to be a dead person.

(3.) Learned Counsel for the petitioner submits that the case is absolutely false and it is not a fit case in which charges should be framed against the petitioner in view of the fact that the entire allegation appears to be untrue. It is submitted that the specific case of the informant is that he was left on the road treating him to be dead. The occurrence is said to have taken place at 08:30 AM and at 09:15 AM, a written report in the hand of the injured/informant was handed over to the Police. On the same day i.e. on 25.10.2005, the date of occurrence, the First Information Report was sent to the Chief Judicial Magistrate, Buxar. These facts according to the petitioner demonstrate the falsity of the allegations and also indicate that the case has been filed due to political reasons.