KANCHAN KAPOOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Additional Public Prosecutor for the State and Sri Gopal Govind Mishra, for the complainant.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 10th March, 2005 passed by Sri Indrajeet Singh, Judicial Magistrate, First Class, Ara, taking cognizance for the offences under Sections 323, 341, 504 and 427 of the Indian Penal Code in Complaint Case No. 1336(C) of 2004

(3.) The relevant facts of this case is that one Mahendra Jeep No. BR-3P-6938 was seized by the Authorities including the Petitioner as Circle Officer and during such transaction, as averred, there was some sort of use of abusive language and force. The vehicle remained at concerned Police Station during the period 23rd August, 2004 to 13th September, 2004. The complainant opposite party No. 2 claimed, besides assault etc., loss of Rs. 26,000/- under different heads and filed the complaint against the Petitioner only naming him. Solitary accused for the offences under Sections 166, 167, 341, 323, 500 and 504 of the Indian Penal Code.