HARI SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused-Petitioner has preferred this revision application against the order dated 16.4.2002 passed by learned Judicial Magistrate, 1st Class, Motihari in Complaint Case No. 446 of 2001, Enquiry No. 24 of 2002 by which a prima facie case has been found against the accused including the Petitioner for the offence punishable under Sections 147, 148, 504, 506, 323 and 427 IPC and an order has been passed for issuance of summons against them.

(2.) Heard learned Counsel for the Petitioner and learned A.P.P. for the State.

(3.) The prosecution case, in brief, is that opposite party No. 2, Birendra Singh, filed complaint case No. 446 of 2001 alleging inter alia that on 11.4.2001 at 1 P.M., the Petitioner, Hari Shankar Singh and some anti social elements came at the booth Nos. 166, 167, 168 with his supporters and knowing that majority of voters cast their votes in favour of Symbol "Kitab", they got infuriated. Aditya Narain Singh, elder brother of the Petitioner asked to pour water in all the ballot boxes. Thereafter, the supporters of the Petitioner looted the ballot boxes. The polling agents protested the same, on which they indulged in assault and fled away after taking the ballot boxes. The further prosecution story is that Hari Shankar Singh (Petitioner) misbehaved with the officials and election staff and the accused poured water into the boxes. Hari Shankar Singh started sprinkling kerosene oil on the Presiding Officer of booth No. 167. Any how the Presiding Officer and other polling staffs saved their lives by fleeing away. Another candidate for the Office of Mukhia, Birendra Singh, complainant-opposite party No. 2 got information about the same at booth No. 169 and he rushed there and thereafter he was attacked by the Petitioner and others. Birendra Singh fled away to save his life. The complaint petition to this effect was filed in the Court of learned Chief Judicial Magistrate which was transferred to the learned Magistrate under Section 192 Code of Criminal Procedure Vide order dated 16.4.2001. On 26.4.2001 statement of the complainant was taken on solemn affirmation and he was directed to produce other witnesses. Thereafter, four witnesses were examined on behalf of the complainant. After enquiry the impugned order has been passed.