BIRENDRA KUMAR BIMAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 4.8.2007 passed by the learned Sub-Divisional Judicial Magistrate, Biraul at Benipur in Kusheshwar Asthan PS Case No. 128 of 2003. By the said order, learned Magistrate has taken cognizance of offence under Sections 452, 323, 307/34 of the Indian Penal Code and Section 3(i)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Short fact of the case is that an FIR on the basis of fardbeyan of one Lalia Devi was recorded vide Kusheshwar Asthan PS Case No. 128 of 2003 on 23.11.2003 for the offence under Sections 452, 447, 307/34 of the Indian Penal Code and Section 3(i)(x)(xi) of the SC/ST Act. It was alleged by the informant that while she was smoking biri in the night and his daughter was sleeping on a cot, accused Jibach Sah and another intruded into her house and poured acid upon the informant as well as his daughter. After receiving injury, alarm was raised, thereafter, accused persons fled away. Subsequently, she was carried to hospital. On the basis of fardbeyan of the informant, Lalia Devi, an FIR was registered. During investigation, it transpired that besides other accused person Jitendra Sah was also involved in the crime. After conducting thorough investigation, police submitted charge-sheet on 31.7.2007 against five accused persons including one Jitendra Sah @ Birendra Sah, son of Bahadur Sah. After submission of charge-sheet, the learned Magistrate, by the impugned order, has taken cognizance of the offence.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. At the very outset, I may indicate that despite the specific name as Birendra Kumar Bimal, the petitioner has filed the present petition.