AMBRISH OJHA ALIAS AMBRISH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 26.6.2007 passed by the learned Judicial Magistrate, 1st Class, Buxar in Complaint Case No.152(C) of 2007. By the said order, the learned Magistrate has taken cognizance of offence under Section 379 of the Indian Penal Code and directed for summoning the petitioner.

(2.) Short fact of the case is that on 20.2.2007, a complaint was filed by Opp.Party no.2 in the court of learned Chief Judicial Magistrate, Buxar, which was numbered as Complaint Case No.152 (C) of 2007, alleging therein that the petitioner along with some unknown accused persons had committed offence under Section 392 of the Indian Penal Code. It was alleged by the complainant that at about 8 O?clock in the morning, while he was going to his office, he was intercepted by the petitioner and some unknown persons and thereafter it was alleged that the petitioner asked the complainant as to why he was not being appointed on the post of Panchayat teacher. It was clarified by the complainant that since the petitioner had not appeared in the counseling, his appointment was difficult. Thereafter, it was alleged that the petitioner took out a pistol from his bag and putting the same on his chest directed unknown accused persons to snatch all the articles from the complainant and thereafter in the said occurrence, accused persons looted relevant documents relating to appointment of the teachers. It was also alleged that in the said occurrence, accused persons looted Rs.500/- from him and his wrist watch was also snatched. After filing of the complaint, enquiry was conducted and by the impugned order, the learned Magistrate instead of taking cognizance under Section 392 of the Indian Penal Code has taken cognizance of the offence under Section 379 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. Earlier notice was issued to Opp.Party no.2 and thereafter, Opp.Party no.2 had appeared through his Advocate. On 27.11.2008 none appeared on his behalf and the case was admitted for hearing. While admitting , it was directed that in the meanwhile further proceedings in Complaint Case No.152 ( C) of 2007 pending in the court of learned Judicial Magistrate, Buxar , shall remain stayed. Today again at the time of hearing none appeared on behalf of Opp.Party no.2.