CHANDESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 7.12.1999 passed by Shri R.K. Gupta, Judicial Magistrate, Motihari in Complaint Case No.C 1741 of 1999/Tr. No.1402 of 1999. By the said order, the learned Magistrate has taken cognizance of offence under Sections 341, 323 and 379/34 of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party no.2 filed a complaint petition vide Complaint Case No. C 1741 of 1999 on 14.10.1999 alleging therein that while he came out from the registry office after obtaining certified copy of documents, the complainant was intercepted by the three petitioners and as per order of petitioner no.1 i.e. Chandeshwar Pandey, the petitioner no.2 Ash Narayan Pandey forcibly took Rs.4,000/- from the complainant and thereafter, accused no.3, Bhola Pandey took his H.M.T. watch, which was for an amount of Rs.1500/-. It was disclosed that the said occurrence was seen by witnesses. After filing the complaint petition, the complainant was examined on S.A. and thereafter, in support of the complaint case, one witness, namely, Mandeep Paswan was examined during the enquiry, who supported the allegation made in complaint petition. Thereafter, the learned Magistrate, by the impugned order i.e. order dated 7.12.1999, took cognizance of offences under Sections 341, 323 and 379/34 of the Indian Penal Code and directed for issuance of process against the accused persons.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition and this petition was admitted on 11.2.2000. While admitting, this Court had called for lower court records and directed that pending disposal further proceedings in Case No.C 1741 of 1999/Tr. No.1402 of 1999 before the court of Sri R.K. Gupta, Judicial Magistrate, Motihari shall remain stayed.