VINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Raju Giri, learned counsel appearing on behalf of the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 3.1.2006 passed by the Chief Judicial Magistrate, Buxar in G.R. No. 523 of 2003/Tr. No. 1572 of 2006 arising out of Buxar (Industrial Area) P.S. Case No. 27 of 2003. By the said order, learned Magistrate has taken cognizance of offence under Sections 448, 341, 379, 380, 465, 468, 504/34 of the Indian Penal Code.

(3.) Short fact of the case is that opposite party No. 2, Most. Sahnaz Bugum submitted a written report before the Officer- in-Charge, Industrial Area Police Station, Buxar disclosing therein that a plot in the Industrial Area, Buxar was leased out by the Industrial Area Development Authority to her husband. The plot in question was leased out to the husband of the informant for 99 years. Over the said plot, an industrial unit was established by her husband in the name and style of Liberty Dresses. It was disclosed that the husband died in the month of July,2000 and after the death of her husband, she was looking after the factory in question. It was alleged that at the time of occurrence ie. on 22.4.2003 in the evening at 6.00 P.M., this petitioner, who was at the relevant time, Branch Manager of the Bihar State Financial Corporation alongwith other two accused person, forcibly entered into the business premises. It was alleged that the accused persons assaulted the informant. They threw the articles of the factory in question. It was further alleged that the accused persons had assaulted not only the informant, but her two sons also. It was disclosed that the accused persons were in drunken condition and in the said occurrence, they had also looted some articles from the informant. On the basis of aforesaid written report, an F.I.R. vide Buxar (Industrial Area) P.S. Case No. 27 of 2003 was registered on 23.4.2003. After registering F.I.R., police thoroughly investigated the case and thereafter, chargesheet was submitted. After submission of charge-sheet, by the impugned order, the learned Magistrate has taken cognizance of the offence as indicated above.