DINESHWAR SINGH SON OF LATE SHAUKING SINGH; CHANDRADEO SINGH SON OF DINESHWAR SINGH; SURENDRA SINGH SON OF LATE PARSAN SINGH AND BRAJESH SINGH SON OF SURENDRA SINGH Vs. STATE OF BIHAR AND DEODHARI SINGH SON OF BASAWAN SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, Additional Public Prosecutor for the State and learned Counsel for the opposite party.

(2.) This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 04.03.2004 passed by Sri S. Chandra, Judicial Magistrate, 2nd Class, Ara in complaint Case No. 1403C of 2002, Trial No. 22 of 2004 taking cognizance under Section 504 of the Indian Penal Code and issuing processes and order dated 07.04.2005 passed by learned 5th Additional Sessions Judge, Bhojpur at Ara in Criminal Revision No. 63 of 2004 affirming the order of the Magistrate aforementioned.

(3.) The relevant fact of the case is that opposite party No. 2, filed Ara (Mufasil) P.S. Case No. 116 of2002 instituted under Sections 379, 504/34 of the Indian Penal Code, stating therein that a few days before in storm, trees standing over Khata No. 158, Khesra No. 1293, Area 49 decimal in village Bhakura fell down and he entrusted one Bhuneshwar Sharma to cut the woods. During such cutting the accused persons i.e. the petitioners not only abused Bhuneshwar Sharma but also stopped him from doing the work, subsequently they also got the woods taken away in spite of protest by witnesses. Police after investigation submitted final form.