ISHWAR DHARI CHOUDHARI Vs. AKHAURI ANIL KUMAR

JUDGEMENT

(1.) The petitioner , who is the complainant in Complaint Case No.555 of 1995, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 12.2.1999 passed by Sri G.S.R. Tripathi, Judicial Magistrate, 1st Class, Gaya in Complaint Case No.555 of 1999/ 258 of 1999. By the said order, the learned Magistrate has rejected the petition filed on behalf of the petitioner for adding the charge under Section 379 of the Indian Penal Code.

(2.) The short facts of the case is that the petitioner filed a complaint petition in the court of the learned Chief Judicial Magistrate, Gaya alleging therein that on the date of occurrence, i.e. 19.10.1995 he had gone to do some pairvi of his client in the court of the Sub Divisional Officer as well as in the court of Sri S.K.Chaudhary, Executive Magistrate, Gaya. It was disclosed that the petitioner/complainant was an Advocate's Clerk in Gaya Civil Court. While he was returning after doing pairvi , near the gate of the office of Sub Divisional Officer the accused persons, who were officials of the Excise Department, surrounded the petitioner and abused and assaulted him. In the said occurrence, as alleged by the complainant/petitioner, on the direction of Opp.Party no.1 other accused persons snatched watch of the petitioner worth Rs.500/- and also took Rs.450/- from the upper pocket. On these grounds, a complaint petition was filed and Opp.Parties were put on trial.

(3.) Learned counsel for the petitioner, while referring to paragraph 4 of the petition, submits that cognizance in the case was taken under Sections 147,323,504 and 379 of the Indian Penal Code. However, according to the learned counsel for the petitioner, at the time of framing of charge in the case, charge under Section 379 of the Indian Penal Code was not framed. Learned counsel for the petitioner submits that during the trial sufficient materials was brought on record disclosing commission of offence under Section 379 of the Indian Penal Code and, as such, a petition was filed for adding Section 379 of the Indian Penal Code.