MAHMUD ALI 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 an order dated 9.7.2003 passed by Sri Durgesh Mani Tripathi Judicial Magistrate, 2nd Class, Gopalganj in Complaint Case No. 626 of 2003/Tr. No. 466 of 2003. By the said order, the learned Magistrate after being prima facie satisfied that offences under Sections 323, 379/34 of the Indian Penal Code was made out had directed for issuance of process against the accused persons including the petitioner.

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint in the Court of learned Chief Judicial Magistrate, Gopalganj on 21.4.2003, which was numbered as Complaint Case No. 626 of 2003 against two named accused persons including the petitioner and three unknown persons. It was alleged in the compliant petition that the complainant was a temporary employee in M/s. Sasamusa Sugar Mill. While he was on duty, he was called by a peon of the petitioner. It has been asserted that petitioner was owner of the Sasamusa Sugar Mill. On being summoned by petitioner through the peon, the complainant went to the chamber of the petitioner and thereafter the petitioner asked accused No. 2 and others, who were in chamber, to assault the complainant While directing other accused persons to assault, it was alleged that the petitioner was saying that this complainant had filed a case in Labour Court, from where notices were issued to the petitioner. It was further alleged in the complaint petition that during the occurrence, accused persons took Rs. 400/- from the pocket of the complainant and also his wrist watch for an amount of Rs. 1000/- was forcibly taken by accused Nos. 2 and three other accused persons. On the aforesaid allegation, complaint was filed. The learned Chief Judicial Magistrate under Section 192 (1) of the Code of Criminal Procedure transferred the complaint to the Court of Sri Durgesh Mani Tripathi, Judicial Magistrate, 2nd Class,Gopalganj. Subsequently, after examining some witnesses and conducting enquiry, the learned Magistrate by its order dated 9.7.2003 took cognizance of the offences under Section 323,379/34 of the Indian Penal Code and directed for issuance of process against accused persons including the petitioner.

(3.) Aggrieved with the order of cognizance the petitioner approached this Court by filing the present petition, which was finally admitted on 20.7.2004. While admitting, it was directed that interim order passed on 11.5.2004 shall continue till disposal of this application. The order of stay is still continuing.