SADA NAND THAKUR SON OF LATE SALIGRAM THAKUR AND ORS Vs. STATE OF BIHAR; MAYA NAND MISHRA SON OF LATE KRISHNA KANT MISHRA

JUDGEMENT

(1.) Fourteen petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 24.7.1999 passed by the learned Chief Judicial Magistrate, Araria in Complaint Case No. C 165 of 1997. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 386, 452, 323, 147, 148 and 504 of the Indian Penal Code.

(2.) Short fact of the case is that Opp. Party No. 2, who is none else but the father-in-law of daughter of petitioner Nos. 1 and 2, who was killed in a case relating to Araria P.S. Case No. 427 of 1996 filed a complaint case vide Complaint Case No. 165 of 1997 in the court of the learned Chief Judicial Magistrate, Araria. The complainant disclosed that on 25.11.1996, he had come to Patna for his treatment and in the morning of 27.11.1996 he got an information that his daughter-in-law died in Araria Hospital due to diarrhoea, which was a natural death. It was further disclosed that the accused persons on 27.11.1996 after getting information of death of the daughter-in law of the complainant rushed to the house of the complainant and thereafter they assaulted the wife, son, daughter and other family members of the complainant. It has also been disclosed that the accused persons had come along with the police officers and in presence of the police officer; the petitioners looted the house-hold articles. In the complaint petition, description of each and every article has been given in detail. After filing of the complaint petition, the complainant was examined on S.A. and in support of the complaint petition, altogether five witnesses were examined as enquiry witnesses, who supported the allegations made in the complaint petition and thereafter by the impugned order, the learned Magistrate has passed the order of cognizance for the offences under Sections 386, 452, 323, 147, 148 and 504 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, all the aforesaid petitioners approached this Court by filing the present petition. This petition was admitted on 25.2.2000. While admitting the case for hearing, this Court had directed that pending disposal, further proceeding in Complaint Case No. C-165/97 pending in the court of C.J.M., Araria shall remain stayed.