SHANKAR SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioner.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as the Cr.P.C.), has prayed for quashing of the order dated 9.3.1999 passed by Sri S. Akhtar, Judicial Magistrate,2nd Class, Hajipur , Vaishali in Complaint Case No.C-12326 of 1998. By the said order, the learned Magistrate had taken cognizance for the offences under Sections 323,380 and of the Indian Penal Code.

(3.) It appears from the petition that the petitioner, while challenging the impugned order, has taken a stand that the father of Opp.Party no.2 was tenant of the petitioner and there were some dispute in relation to tenancy and, as such, an eviction case was filed. Eviction suit was decreed in favour of the petitioner and thereafter the present case was filed by the complainant, who is son of the tenant of the petitioner.