SWAMINATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in Complaint Case No.156(c) of 2003 as well as for quashing of order dated 1.5.2003 passed by 2nd Class, Judicial Magistrate, Buxar, whereby the learned Magistrate has taken cognizance of offence under Sections 323, 379, 341/34 of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party no.2, who is neighbour of petitioners, filed a complaint in the court of Chief Judicial Magistrate, Buxar, which was numbered as Complaint Case No.156(c) of 2003. It was alleged in the complaint petition that on 22nd March,2003, while the complainant was sitting at his door at about 6 in evening, the petitioner no.1 arrived there and indulged in altercation on the point of using drain of the complainant. The said altercation subsequently turned to assault and the complainant was assaulted by all the petitioners. It was alleged that in the said occurrence, the accused persons forcibly took wrist watch of the complainant. The complaint petition was filed on 25.3.2003. After filing the complaint, enquiry was conducted by the learned Magistrate and thereafter, by order dated 1.5.2003, the learned Magistrate took cognizance of offence under Sections 323, 379, 341/34 of the Indian Penal code.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition.