AMIRKA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE order taking cognizance dated 11 -8 -1999/12 -8 -1999 of an offence under Sections 395 and 148 of the Indian Penal Code read with Section 27 of the Arms Act is under challenge in this application.

(2.) SHORN of unnecessary details, the relevant fact, relevant for the purpose of the application, is that the Opposite Party No. 2 filed a complainont case in the Court of the Chief Judicial Magistrate, Gopalganj being numbered as Complaint Case No. 595/1999 under the aforesaid sections. Allegations were made that the petitioners along with other accused persons surrounded the Kirana shop of the complaint and were armed with various weapons. The Petitioner No. 2 on pistol point asked the complainant to part with all the money and threatened him and the cash amount of Rs. 5000/ - and goods worth Rs. 40,000/ - were taken away by the miscreants. It is further alleged that out of the accused persons the Petitioner Nos. 1 and 2 were apprehended on the spot and were handed over to the police. However, the other accused persons fled away firing in the air. Photo copy of the complaint petition is annexed as Annexure -4.

(3.) ACCORDING to the petitioners this complaint case is nothing but a counter blast of the First Information Report lodged by Amirka Thakur (Petitioner No. 1) against the Opposite Party and other accused persons giving rise Mohammadpur PS Case No. 30 of 1999, in which the police after investigation filed charge -sheet against the Opposite Party No. 2 and other accused. Another case, according to the petitioners, was filed by the Petitioner No. 2 namely, Mohammadpur PS Case No. 5 of 1998 under Sections 380 and 511 of the Penal Code against one Birnedra Rai, full brother of Opposite Party No. 2. These two First Information Reports are annexed with this application. A grievance has been made that the learned Magistrate without appreciating these facts has taken cognizance of the offence and issued summons to the petitioners.