KUBER RAM MOURYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioners either to press this application or to make a prayer for adjournment. However, Mr. S.K. Saraf, learned Counsel on behalf Opp. Party No. 2 is present. He has also filed a counter affidavit to oppose the prayer of the petitioners. On behalf of the State, Dr. Indiwar Kumari, A.P.P. appears.

(2.) The three petitioners, while invoking inherent jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of their criminal prosecution in Complaint Case No. 201 of 1997 pending in the court of Sri S.P. Mishra, learned Judicial Magistrate, 1st Class, Bhagalpur. They have also prayed for the quashing of the order dated 3.6.1998 , whereby cognizance order for offences under Sections 341, 323, 379, 384, 504 of the Indian Penal Code was passed.

(3.) The short facts of the case is that Opp. Party No. 2 filed a complaint case vide Complaint Case No. 201 of 1997 in the court of the learned Judicial Magistrate, 1st Class, Bhagalpur. In the complaint petition, it was alleged that the complainant was posted as Cashier in Bihar Agriculture College, Sabour, Bhagalpur, where petitioner No. 1 was functioning as Principal-cum- Professor. Petitioner No. 2 was posted as Peon and petitioner No. 3 was a Driver of the Jeep in the said college. It was alleged that earlier he had asked petitioner No. 1 not to make false allegation against him regarding lending money on 2-3 per cent interest. It was subsequently alleged that on the date of occurrence, while the complainant was going to market, he was intercepted by the three petitioners and he was abused. Subsequently, the accused persons assaulted the complainant.