BAIJNATH SINGH S/O LATE RAM LAULIN SINGH Vs. STATE OF BIHAR AND BHOLA SINGH S/O LATE YADUNANDAN SINGH

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 30.9.2000 passed by Sri A.K. Sharma, Judicial Magistrate, 1st Class, Hajipur (Vaishali) in Complaint Case No. 1459 of 2000. By the said order, the learned Magistrate has taken cognizance of offences under Sections 323 and 392 of the Indian Penal Code.

(2.) Short fact of the case is that Opp. Party No. 2, father of one Dharmendra Kumar filed a complaint vide Complaint Case No. 1459 of 2000 in the court of the learned Chief Judicial Magistrate, Vaishali at Hajipur alleging therein that on the date of occurrence, i.e. on 31.7.2000 at about 7.00 P.M. while he was returning from the market along with his son Dharmendra Kumar, seven accused persons including the petitioner intercepted the complainant and his son at the railway gate (Imadpur Railway Dhala-38). It was alleged that accused persons, particularly this petitioner and Satyendra Singh took out revolvers from their pockets and snatched bicycles from the informant and his son and after putting his pistol on temporal region of the complainant, the petitioner forcibly took out Rs. 3500/- from the pocket of the complainant and H.M.T. Quartz watch for an amount of Rs. 1200/- was also looted. In the said occurrence, the complainant and his son were also assaulted. After filing of the complaint petition, the complainant was examined on S.A. and at the enquiry stage, three witnesses were examined and thereafter by the impugned order, i.e. by order dated 30.9.2000 the learned Magistrate took cognizance of the offence, as stated above.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. On 3.9.2001, while issuing notice to Opp. Party No. 2, this Court had directed that in the meantime further proceedings in Complaint Case No. 1459 of 2000 now pending before the Magisterial Court at Hajipur (Vaishali) shall be stayed. In spite of service of notice, Opp. Party No. 2 has chosen not to appear and, as such, on 2.11.2001 this application was admitted for hearing and it was directed that the interim order dated 3.9.2001 shall remain operative during the pendency of this application and the same is still continuing.