MAHABIR HAZARA SON OF LATE NATHUNI HAZARA AND ORS Vs. STATE OF BIHAR AND ANWARI BEGUM WIFE OF MD KAMIL

JUDGEMENT

(1.) Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 7.8.1999 passed by the learned Chief Judicial Magistrate, Bettiah in Purshottampur P.S. Case No. 79 of 1998, whereby the learned Chief Judicial Magistrate differing with the police report, which was submitted under Section 323 of the Indian Penal Code as non-cognizable offence, has taken cognizable of offences under Sections 313/316 of the Indian Penal Code as well as under Sections 341/323 and 427 of the Indian Penal Code and summoned the accused persons. The petitioners have also prayed for quashing of order dated 8.1. 2001 passed in Cr.Revision No. 287 of 1999 by 3rd Addl.Sessions Judge, Bettiah , West Champaran. By the said order the revision preferred by the petitioners against the order of cognizance dated 7.8.1999 was rejected.

(2.) Short fact of the case is that on the basis of fardbeyan of Opp.Party No. 2, an F.I.R. vide Purshottampur P.S. Case No. 79 of 1998 was registered on 4.7.1998 under Sections 447, 341, 323, 504/34 of the Indian Penal Code against all the petitioners. It was alleged in the F.I.R. by the informant that while she was cooking meal in her house, accused persons intruded into her house and dragged her out of the house. She was assaulted. Despite the fact that Opp.Party No. 2 was pregnant, accused persons kicked on her abdomen leading to abortion of three months foetus in her womb. On the aforesaid allegation an F.I.R. was lodged and after investigation, the police found the case in respect of other provisions as not true and final form was submitted only under Section 323 of the Indian Penal Code as non-cognizable case.

(3.) After final report was placed before the learned Magistrate on 7.8.1998, as stated by Sri Bashishtha Narayan Mishra, learned Counsel for the petitioners, a protest petition was filed by Opp.Party No. 2. After filing of the protest petition, the informant produced some witnesses before the learned Magistrate for recording their statements under Section 164 of the Code of Criminal Procedure and, as such, statements of witnesses were recorded under Section 164 of the Code of Criminal Procedure and finally on the basis of materials available in the case diary as well as on the basis of statements of witnesses recorded under Section 164 of the Code of Criminal Procedure , the learned Magistrate was of the view there were prima facie case against all the accused persons for the offences under Sections 313, 316, 341, 323 and 427 of the Indian Penal Code .