DEVENDRA SINGH Vs. STATE OF BIHAR

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 the order dated 20.5.1999 passed by the learned Judicial Magistrate, 1st Class, Nawadah. By the said order, the learned Magistrate has allowed the petition filed on behalf of the informant for summoning this petitioner to face the trial in Kawakol P.S. Case No.23 of 1995.

(2.) The short facts of the case is that on 7.3.1995 at about 8.00 A.M. while the informant was at his field, accused Baleshwar Singh, Krishna Ballabh Singh , Vijay Singh, Nawal Kumar @ Guddu and Raj Ballabh, who were Gotias of the informant, by way of forming an unlawful assembly , came there and asked the informant that it was his field and thereafter accused Baleshwar Singh gave a Bhala blow , which hit on his foot . Thereafter other accused persons also started assaulting the informant with fists. Any how the informant with a view to save his life ran to his house and all the aforesaid accused persons chased him up to his residence and thereafter the informant was again assaulted and he also received a knife blow on his lip. It was alleged by the informant that the aforesaid accused persons had assaulted his daughter-in-law also. Thereafter some of the villagers arrived there but in the meanwhile all the accused persons had already fled away.

(3.) On the basis of specific assertion of the informant, an F.I.R. vide Kawakole P.S.Case No.23 of 1995 was instituted and after investigation police submitted chargesheet against all the named accused persons of the F.I.R. During the trial after examination of P.Ws 1 and 2 some materials were brought on record indicating involvement of this petitioner. After examination of P.Ws. 1 and 2, the informant filed a petition on 16.6.1997 for summoning this petitioner under Section 319 of the Code of Criminal Procedure. However, the learned Magistrate was of the view that unless the informant is examined no order was required to be passed under Section 319 of the Code of Criminal Procedure and, accordingly, the petition dated 16.6.1997 filed by the informant was rejected. Subsequently, the informant was examined as P.W.4. In his evidence, the informant disclosed that during the occurrence, the petitioner was instigating the other accused persons to assault the informant. After his evidence was recorded, again a petition was filed on behalf of the informant to summon this petitioner under Section 319 of the Code of Criminal Procedure for facing the trial.