PRAKASH @ PRAKASH SHRIVASTAVA SON OF BASUDEO NARAYAN SHRIVASTAVA, SENIOR HUMAN RESOURCES, EXECUTIVE, HINDUSTAN COCA-COLA BEVERAGES PVT LTD Vs. STATE OF BIHAR AND PRAVEEN ANAND SON OF YADUNANDAN PRASAD SINGH

JUDGEMENT

(1.) In all the three aforesaid petitions order dated 5.10.2002 passed by Sri Vishnu Deo Rai, Judicial Magistrate, Ist Class, Patna in Complaint Case No. 1118 (C) of 2002 is under challenge and as such all the three petitions were heard together and are being disposed of by this common judgment.

(2.) The 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 5.10.2002 passed by Sri Vishnu Deo Rai, Judicial Magistrate, Ist Class, Patna whereby the learned Magistrate has taken cognizance for the offences under Section 448, 323, 380 and 429 of the Indian Penal Code in Complaint Case No. 1118 (C) of 2002.

(3.) Short fact of the case is that opposite party No. 2 Praveen Anand filed a complaint in the Court of Chief Judicial Magistrate, Patna which was registered as Complaint Case No. 1118 (C) of 2002. In the complaint petition it was disclosed that the complainant was running Swadeshi Chetana Samiti and he was President of the said Society. It was alleged that on 13.6.2002 in the evening, while the complainant along with other executive members was holding a meeting of the Society, four named accused persons which includes all the three petitioners and other twenty- twenty five unknown accused persons forcibly entered into the premises and started to abuse the complainant and other members of the Society. The complainant and others were assaulted by the accused persons. At the time of occurrence the accused persons were threatening the complainant not to initiate any agitation restraining the members of the society from using foreign goods. It was further alleged that in the occurrence the accused persons took away a briefcase from the office and other relevant papers. In the briefcase about two thousand rupees was kept for expenses of the Society. On the aforesaid allegation, the complaint was filed and after conducting enquiry the learned Magistrate by the impugned order has taken cognizance for offences as stated above.