PAWAN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was at the relevant time Circle Officer, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 16.2.2000 passed by Sri Anil Kumar Singh, Judicial Magistrate, 2nd Class, Jehanabad in T.R.No.763 of 2000, arising out of Complaint Case No.563 of 1999. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 323 and 504 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint case vide Complaint Case No. 563 of 1999 , under Sections 323, 504 , 379 of the Indian Penal Code and Sections 3 and 4 of the SC & ST ( Prevention of Atrocities ) Act, 1989, disclosing therein that the complainant is a P.D.S. dealer and the petitioner had unauthorisedly passed an order of suspension of allotment in favour of the complainant and other seven similarly situated dealers. Thereafter, on 11.12.1999 at about 2.00 P.M., while the complainant visited the Circle Office, Kako to get information regarding allotment, the petitioner through his peon called the complainant in his chamber and, thereafter the petitioner abused him by naming the complainant by his caste and, thereafter the petitioner also assaulted the complainant with fists. In the said occurrence, it was further alleged that the petitioner forcibly took his wrist watch, which was for an amount of Rs.500/- . After filing the complaint petition, the complainant was examined on S.A. and in support of his case, the complainant examined seven witnesses. The learned Magistrate, after examining the materials available on the record, by the impugned order has taken cognizance of the offence under Sections 323 and 504 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. It was admitted on 29.11.2001. While admitting the case, this Court had directed that during the pendency of this application, further proceedings in T.R.No.763 /2000 pending in the court of Sri Anil Kumar Singh, Judicial Magistrate, 2nd Class, Jehanabad, shall remain stayed and the order of stay is still continuing.