ANWAR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer in this application is to quash the order dated 2.12.1983 passed in T.R. case no. 3285/83, C.R, case no. 1057183 by Sri A.N. Khan, S.D.J.M., Darbhanga whereby he took cognizance in the case against the petitioner for offences under sections 147,323 and 379 Indian Penal Code and has directed for issue of summons for his appearance in the said case.

(2.) The facts, as stated in this application, are as follows.

(3.) Surat Paswan, opposite party no. 2 had lodged a written complaint on 7.11.1983 before the Sarpanch of Chandan Patty. P.S. Raya Ghat, Darbhanga alleging therein that at 7 AM. on 7.11.1983 when he had gone to bury a newly born son, who had expired in the night before, in the village burial ground the petitioner and six others suddenly came there and tried to prevent him from performing the burial, whereupon there occurred heated arguments between the parties and in course of it the petitioner and other accused assaulted Surat Paswan and his associates, With fists and also threw away the materials (bamboos, kodal etc.) as a result of which burial of the child was prevented thereby hurting their religious sentiments. It has further been alleged in that complaint that one of the accused namely Nisar Ahmed snatched and took away a gold chain worth Rs. 500/- from the complainant's neck. The Sarpanch took the statement of the complainant, Surat Paswan and his associates and also the statements of some of the witnesses. The order dated 12.11.1983 shows that the Sarpanch, after having considered the complaint petition, the statements recorded by him and by holding inspection was of the opinion that the allegations were prima facie true and made out a case under sections 147,323 and 379 Indian Penal Code and he further observed that since the value of the stolen property was Rs. 500/-, the case was beyond jurisdiction of the Gram Cutchery and as such he directed that the record of the case be sent at the earliest to the Chief Judicial Magistrate. The record received from the Gram Pancayat was placed before the C.J.M., Darbhanga, on 14.11.1983 on which date he directed to register the case and ordered that the case be placed before him on 16.11.1983. On 16.11.1983 the recorded the following order. Complainant is present and files a power. Perused the complaint petition and S.A. of complaint recorded by Sarpanch. The case is transferred to the court of Sri AN. Khan, S.D.J.M., Darbhanga, for disposal under section 192(1) Cr.P.C. To 28.11.1983 for In view of the above order, the case was transferred to the S.D.J.M. The latter examined two witnesses of the complaint on 30.11.1983 and then fixed 2.12.1983 as the next date on which he passed the impugned order.