KANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. None turned up on behalf of complainant opposite party no.2 in spite of appearance much before. Supplementary affidavit has been filed today on behalf of learned counsel for the petitioners.

(2.) This is an application under section 482 of the Criminal Procedure Code seeking quashing of entire proceeding of complaint case no. 422C of 2004 and also seeks quashing of order dated 16.05.2005, taking cognizance and issuance of process against the petitioners by Shri R.J. Pal, Judicial Magistrate, 1st Class, Lakhisarai.

(3.) The relevant facts of this case is that opposite party no.2 filed a Complaint against all the petitioners including one Rajni Kumari Devi, non-petitioner, alleging therein that all the named accused persons arrived at the quarter of the complainant in the night at about 11.30. P.M. on 27/11/2004, she provided shelter to them being relative and also offered for dinner which was avoided, they only sought shelter for night, as in the morning, they were to go Jasidih, in early hours at 4 P.M. the complainant found all the accused persons living her house with some articles Brifcase etc. On protest, petitioner no.4 Bibhuti Sharan aimed pistol at her and all successfully escaped from there.