KRISHNA NANDAN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr Gouranga Chatterjee, learned Counsel for the petitioner and Mr. Lala Kailash Bihari Prasad, learned Counsel for the State. In spite of name of the learned Counsel for opposite party No. 2 appearing in the cause list, nobody has appeared.

(2.) The prayer made in this application is for quashing of order of cognizance dated 26.2.1997 passed by Sri R.P. Singh, Judicial Magistrate 1st class, Bettiah in complaint case No. 652(C) 1996 whereby cognizance has been taken under Sections 323 and 504 of the Indian Penal Code.

(3.) The allegation in the complaint petition is that the complainant had filed a title suit against the petitioner and at the time of coming out of court room on 2.7.1996 at 3 p.m., the complainant experienced a push from behind and thereafter allegedly the petitioner abused him for compelling him to appear in the title suit. From the impugned order it appears that the learned Magistrate examined the complainant on solemn affirmation and examined four witnesses under Section 202 of the Code of Criminal Procedure and thereafter passed the impugned order issuing summons on the petitioner and his servant.