MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, none has appeared on behalf of the petitioners. On 26.4.2010, when the case was called out, none appeared and thereafter, the case was adjourned for a day as a last indulgence. Thereafter, on 27.4.2010 again, none appeared on behalf of the petitioners, however, Mr. Bhubneshwar Prasad, learned Counsel appeared on behalf of opposite party No. 2. I have also heard Shri Hriday Prasad Singh, learned Additional Public Prosecutor appearing on behalf of the State.

(2.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in Complaint Case No. C R 1206 of 1998/T.R. No. 630 of 1999 and also for quashing of the order dated 6.4.1999 passed by learned Judicial Magistrate, 1st Class, Darbhanga. By the said order, the learned Magistrate, after conducting enquiry, was satisfied that prima facie case against petitioners were made out for the offence under Sections 323, 379, 504/34 of the Indian Penal Code and, accordingly, directed for issuance of process for securing attendance of the accused persons.

(3.) Short fact of the case is that opposite party No. 2 filed aforesaid complaint on 21.12.1998 disclosing therein that he was having a piece of land in Mohalla Sunderwan Navtolia. It was alleged that the petitioners forcefully occupied the said land and converted the same into the passage (Rasta). It was further disclosed that accused persons had threatened him to give the said piece of land to them otherwise the complainant will be killed. The complainant had also held a panchayati in respect of illegal conversion of his land into Rasta. It was alleged that on 27.11.1998 at 8.00 A.M., while the complainant had gone to his land, all the accused persons surrounded him and they assaulted the complainant by fist and lathi. In the said occurrence, it was alleged that petitioner No. 2 took his golden chain of Rs. 6,000/- and petitioner No. 3 took hundred rupees from this pocket as well as his watch. On the aforesaid allegation, the complaint petition was filed in the court of the Chief Judicial Magistrate, Darbhanga and the learned Chief Judicial Magistrate under Section 192(1) of the Code of Criminal Procedure transferred the case for enquiry and disposal to the court of Judicial Magistrate, 1st Class. Thereafter, the complainant was examined on S.A. and in support of the complaint petition, two witnesses, namely, Om Prakash and Tarkeshwar Sah were examined. The learned Magistrate was prima facie satisfied that offence under Sections 323, 379, 504/34 of the Indian Penal Code was made out and by order dated 6.4.1999 after taking cognizance directed for issuance of process for securing attendance of accused persons.