SARJU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitiners nor any one is present on behalf of Opp. Party no. 2. However, Sri Surendra Prasad Singh, learned Counsel appearing on behalf of the State is present.

(2.) Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, had initially prayed for quashing of Complaint Case No. 295 of 1999 filed by Opp. Party no. 2 and also have prayed for quashing of the order dated 6.4.1999, whereby the learned Chief Judicial Magistrate, Sasaram, Rohtas has transferred Complaint Case No. 295 of 1999 to the Court of Sri P.K. Shukla, Judicial Magistrate, 1st Class, Sasaram for enquiry and disposal. It appears from two supplementary affidavits filed on behalf of the petitioner that subsequent to transfer of the case the complainant was examined on S.A. and in support of the complainant two witnesses were also examined and thereafter, the learned Judicial Magistrate, 1st Class by its order dated 27.8.1999 took cognizance of the offences under Sections 147 and 379 of the Indian Penal Code.

(3.) Short fact of the case is that a complaint was filed by Opp. Party no. 2 with an allegation that the petitioner by forming an unlawful assembly were harvesting wheat crops and when the complainant objected, he was chased. It was also alleged that accused persons were armed with deadly weapons. One of the accused persons was carrying a country made gun. In the said occurrence, the accused persons had put the complainant to the loss of about Rs. 4,000/-, which was the amount of wheat.