RANJANA PURVEY @ RANJANA KUMARI, HEAD MISTRESS AND DHARMENDRA BRAHMCHARI, ASSISTANT TEACHER OF KRISHNA BALLABH SAHAY, HIGH SCHOOL Vs. STATE OF BIHAR AND VIJAY KUMAR SINGH SON OF LATE KRISHNA MURARI SINGH FOUNDER AND LIFE MEMBER OF MIDDLE, HIGH AND INTER COLLEGE

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. None turned on behalf of the opposite party No. 2 inspite of appearance and filing of the counter affidavit followed by supplementary counter affidavit.

(2.) This is an application under Section 482 of the Criminal Procedure Code seeking quashing of the order dated 10.08.2004 passed by Sri Om Prakash Srivastava, Judicial Magistrate, 1st Class, Patna in complaint case No. 373(C) of 2004 taking cognizance for the offence under Sections 379 and 149 of the Indian Penal Code.

(3.) The relevant facts of the case is that opposite party No. 2 filed the complaint case for the offence under Section 452,380, 307, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act in the court of Chief Judicial Magistrate, Patna on 12.02.2004 alleging that on previous evening at about 7 P.M., the two accused persons who are petitioners here along with 15 - 20 unknown persons took away the articles belonging to Shri K.B. Sahay Inter College, kept in its office and laboratories and got the same loaded on truck when on information complainant went there inspite of his protest the same act continued and at the instance of petitioner No. 1, petitioner No. 2 unsuccessfully shot at him who had to leave the place but when after departure of the petitioners from place of occurrence with the articles, complainant arrived there again, got the details of the articles so taken away.