MANJHI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") preferred by Manjhi Rai and 25 others for quashing order dated 1.2.1997 recorded by the learned Judicial Magistrate Ist Class, Sheohar (Sitamarhi) under which in Complaint Case No. C/123 of 1996 the learned Magistrate having found prima facie case made out under Sections 379 and 323 of the Indian Penal Code against the petitioners had summoned them to face the trial.

(2.) BEFORE proceeding further it may be mentioned that notice upon opposite party No. 2 Bishwa Rai, was issued under order of this Court which was treated to have been served upon him by order dated 29.9.1999 but in course of arguments neither opposite party No. 2 nor any counsel on his behalf appeared, hence this order is being passed after hearing learned counsel for the petitioners and learned Additional Public Prosecutor.

(3.) THE brief facts of this case are that opposite party No. 2 had earlier filed a complaint before Subdivisional Judicial magistrate, Sheohar against the petitioners with allegation that on 22.5.1995 all the petitioners (accused in complaint case) had come variously armed at the pond of the complainant and they took away with them fishes worth Rs. 2000/ - and when the son of the complainant Ramu Rai, wanted to stop them, two of the accused had forcibly taken him with them which son was missing since then.