BINOD PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 13.9.2002 passed by the learned Sub Divisional Judicial Magistrate, Danapur, Patna in Complaint Case No. 461(C) of 2002. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 342, 365 and 506 of the Indian Penal Code.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint in the court of Sub Divisional Judicial Magistrate, Danapur, which was numbered as Complaint Case No. 461(C) of 2002 against all the four Petitioners and others on an allegation of commission of offence under Sections 323, 342, 506 and 364 of the Indian Penal Code. It was disclosed in the complaint petitin that one Rameshwar Prasad Singh, grand father-in-law (Dadia Sasur) of the complainant had purchased a house over a plot appertaining to Plot No. 261, Khata No. 50 on his own earning and on his own volition he gifted the said house to the complainant through a registered deed of gift. The father-

(3.) Aggrieved with the order of cognizance, the aforesaid Petitioners approached this Court by filing the present petition.