RAMESH RAJGARHIA @ RAMESH KR RAJGARHIA SON OF LATE BANWARI LAL RAJGARHIA AND ANR Vs. STATE OF BIHAR AND SACHIDANAND PRASAD MAHTO SON OF SATYANARAYAN MAHTO

JUDGEMENT

(1.) Two 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 24.5.2000 passed in Complaint Case No. 244(C) of 2000, Trial No. 1166 of 2000. By the said order, the learned Judicial Magistrate, Ist Class, Khagaria has taken cognizance of offence under Section 379 of the Indian Penal Code and directed for summoning the petitioners.

(2.) Short fact of the case is that the opposite party No. 2 filed a complaint petition vide Complaint Case No. 244(C) of 2000 alleging therein that on 26.4.1995 at 11.30 A.M., while he was going on a Maxi Taxi, it was forcibly intercepted by petitioners and they directed the complainant to get down from the vehicle and thereafter, the accused persons took the vehicle to some unknown place. It was disclosed that in the vehicle, the accused persons, while carrying the vehicle, also carried some articles of the complainant, which was kept in a bag. On the aforesaid allegation, the complaint petition was filed for the offence under Sections 143 and 379 of the Indian Penal Code. After examination of the complainant on S.A. as well as examination of enquiry witnesses, the learned Magistrate, by its order dated 24.5.2000, took cognizance of the offence under Section 379 of the Indian Penal Code and directed for summoning the petitioners.

(3.) Aggrieved with the impugned order, the petitioners approached this Court by filing the present petition, which was admitted on 6.12.2000 and while admitting, this Court directed that in the meanwhile, further proceeding in Complaint Case No. 244(C) of 2000/Trial No. 1166 of 2000 pending before Judicial Magistrate, Ist Class, Khagaria shall remain stayed and order of stay is still continuing.