NAGINA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nine petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 18.8.1999 passed by sri Ravi Shankar Upadhyay, Judicial Magistrate, 1st Class, Chapra. By the said order the learned Magistrate has taken cognizance for the offences under sections 147, 149, 323, 448 and 380 of the indian Penal Code.

(2.) Short fact of the case is that opposite party no.2 filed a complaint case vide Complaint Case No.1427 of 1999 alleging therein that the accused persons on 10.7.1999 at about 7 a. M. broken the lock of the house of the complainant and when it was objected by the complainant the accused persons assaulted and also looted the articles from the house of the complainant. It was alleged in the complaint petition that the accused persons with intent to kill the complainant had assaulted him and on these allegations the complaint petition was filed. After filing the complaint petition, the complainant was examined on solemn affirmation and in support of the allegation two witnesses were examined. Subsequently, by the impugned order the learned magistrate took cognizance for the offences as mentioned above. Though in the complaint petition offence of attempt to murder was also alleged but the learned Magistrate refused to take cognizance for the offence under section 307 of the Indian Penal Code. Aggrieved with the order of cognizance, the petitioners have approached this court by filing the present petition.

(3.) On 28.1.2000 while issuing notice to opposite party no.2 this court had directed that in the meanwhile, further proceeding in the court below shall remain stayed. Subsequently, by order dated 11.2.2002 the petition was admitted for hearing and it was directed that during the pendency of this application, interim order dated 28.1.2000 shall remain operative.