LAWS(PAT)-2010-4-217

SATYENDRA CHOUDHARY Vs. STATE OF BIHAR

Decided On April 13, 2010
Satyendra Choudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Yesterday, when the case was called out, none appeared on behalf of the petitioners either to press this application or to make a prayer for adjournment. However, it was recorded in the order that if no one appears on the next day on behalf of the petitioners, the case will be decided on the basis of materials available on the record. Today, again when the case was called out, none has turned up on behalf of the petitioners. However, Sri Anand K. Ojha, learned Counsel appears on behalf of Opp. Party No. 2.

(2.) The petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order of cognizance dated 4.9.1998 passed by Sri Rajesh Kumar, Judicial Magistrate, 1st Class, Bikramganj, Rohtas at Sasaram in Complaint Case No. 143(C) of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Sections 147, 323 and 379 of the Indian Penal Code.

(3.) It was alleged in the complaint petition that while informant was going to market, he was intercepted by the accused persons and was assaulted. In the said occurrence, it was alleged that Rs. 300/- was forcibly taken from the pocket of the complainant.