DULARCHAND PRASAD Vs. STATE OF BIHAR

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 21.09.2001 passed by Sri S.Kumar, Judicial Magistrate, 1st Class, Banka in Complaint Case No.465 of 2001, Tr.No.1444 of 2001. By the said order, the learned Magistrate has taken cognizance of offences under Sections 147,341 and 323 of the Indian Penal Code. The petitioners have also prayed for quashing of the entire criminal proceeding in Complaint Case No.465 of 2001.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint in the court of the learned Chief Judicial Magistrate, Banka on 6.6.2001, which was number as Complaint Case No.465 of 2001, on an allegation that both the petitioners had committed offences under Sections 420,409,323, 324,147, 504, 384 and 341 of the Indian Penal Code. It was alleged in the complaint petition that the complainant had deposited Rs.96, 000/- in the Post Office and regularly he was getting interest of Rs.1040/- per month. However, subsequently, payment of interest was stopped by the accused persons. It was alleged that repeatedly the complainant approached the accused persons for making payment, but they were threatening the complainant. It was alleged that by force, accused persons got signature from the complaint on a number of blank papers. It was alleged that the complainant had filed a case in the Consumer Court. It was further alleged that on 5.6.2001 while he was going to Amarpur , both the petitioners arrived there over a Jeep and thereafter accused persons tried to push the complainant to his Jeep. It was alleged that petitioner no.1 at the time of occurrence was saying that the complainant would be killed. It was alleged that the complainant had received injury on his head and hand. However, when he raised alarm, a number of people gathered there and anyhow he could be saved. After filing of the complaint petition, an enquiry was conducted and thereafter the learned Magistrate by the impugned order, i.e. order dated 21.9.2001 has taken cognizance of offences under Sections 147,341 and 323 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition.