(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 8.6.1999 passed by the learned Chief Judicial Magistrate, Khagaria in Complaint Case No.266 ( C) of 1999 . By the said order, the learned Chief Judicial Magistrate, Khagaria has taken cognizance of offences under Sections 323, 342, 354, 370 and 352/34 of the Indian Penal Code. The petitioner has also prayed for quashing of the order dated 16.11.1999, by the learned Sub Divisional Judicial Magistrate, Khagaria whereby after conducting enquiry he had directed for issuance of summons to the accused persons for facing the trial.
(2.) Short fact of the case is that Opp.Party no.2, namely, Saraswati Devi, who was A.N.M., Health Sub Centre, Bobil, Beldour filed a complaint in the court of the learned Chief Judicial Magistrate, Khagaria vide Complaint Case No.266(C) of 1999. It was disclosed in the complaint petition that on 4.6.1999 at about 12.30 P.M., while she along with her daughter was going to her office and while they reached near the south turning of the High School, Beldour , she noticed a Commandar Jeep in a standing position and petitioner with other two accused persons were sitting inside the Jeep. It was alleged by the complainant that while she reached near the jeep, the petitioner stopped her and inquired from her as to where she was going and thereafter he started abusing the complainant and asked as to why she is staying in the Panchayat Bhawan. The complainant tried to convince the petitioner and said that she will vacate the Panchayat Bhawan after the building of Health Centre, which was destroyed in fire, is renovated. Thereafter, the petitioner got down from the vehicle and after catching anchal of sari of the complainant; he started dragging her and also started assaulting the complainant. In the meanwhile, other two accused persons, who were sitting on the back side of the Jeep, also got down and requested the petitioner to leave the matter to them. Thereafter, the petitioner left the complainant and sat in the Jeep. The other two accused persons subsequently forcibly dragged the complainant and her daughter towards Jeep, they assaulted and started misbehaving with them. It was also alleged that accused persons forcibly took the golden chain of the complainant, which was for an amount of Rs.5000/-. The chain was forcibly taken by the accused no.2, namely, Ashok Paswan , who is not before this Court and accused no.3 Guneshwar Sharma forcibly took purse of the complainant, containing Rs.750/-. While the complainant and her daughter started crying and raised hulla, many persons from the road side arrived there and having seen them, the accused persons left the place of occurrence by their vehicle.
(3.) After the complaint petition was filed, by an order dated 8.6.1999, the learned Chief Judicial Magistrate took cognizance of the offence and directed for transferring the case records to the Court of Sri N. Pandit , learned Sub Divisional Judicial Magistrate under Section 192 (1) of the Code of Criminal Procedure for enquiry and disposal of the case. On receipt of the case records in the court of the learned Sub Divisional Judicial Magistrate, the complainant was examined on S.A. on 14.6.1999 and thereafter three witnesses were examined in support of the complainant at the enquiry stage. After being fully satisfied that there were sufficient materials to proceed against the petitioner, the learned Sub Divisional Judicial Magistrate, by its order dated 16.11.1999 directed for issuance of summons for securing attendance of accused persons including the petitioner to face the trial.