RAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, who are Excise Officials are before this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 8.9.2000 passed by Shri R.C. Singh, Judicial Magistrate, 1st Class, Gopalganj in complaint case No. 1006 of 1999/Trial No. 1060 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 427 and 379 of the Indian Penal Code.

(2.) Short fact of the case is that opposite party No. 2, who was running a shop of tea and sweets, filed a complaint, which was registered as complaint case No. 1006 of 1999 in the Court of Chief Judicial Magistrate, Gopalganj alleging therein that on the date of occurrence i.e., on 18.6.1999, in the evening at about 5.30 p.m., the petitioners and other police officials stopped on the shop of the complainant, they consumed sweets and also taken tea and thereafter, on demand, they refused to make any payment and further allegation is that the complainant was assaulted by the accused persons and tea and sweets shop of the complainant was also ransacked. On aforesaid allegation, complaint was filed and at the enquiry stage, witnesses were examined in support of the complainant and thereafter, by the impugned order, the learned Magistrate has taken cognizance of offence under Sections 323, 427 and 379 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition, which was admitted on 5.12.2001. While admitting, notice was directed to be issued to opposite party No. 2 and further it was directed that during the pendency of this application, further proceedings in the Court below shall remain stayed and order of stay is still continuing. Despite valid service of notice on opposite party No. 2, he has not chosen to appear in the case either personally or through counsel.