GOPALJI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 31.10.2005 passed in Complaint Case No. 244 (C) of 2002 by which the Judicial Magistrate, 1st Class, Danapur has framed charges against the petitioners under Sections 147, 148, 427 and 379 of the Indian Penal Code.

(2.) THE petitioners are the employees of the Indian Railways. It is alleged in the complaint petition that the petitioners along with others went over Plot No. 393, Khata No. 305 situated in the village Bihta and it is alleged that along with unknown persons, the two petitioners demolished the boundary wall of the complainant and also took away some cement and building materials, worth Rs. 20,000/-

(3.) IN the result, the impugned order dated 31.10.2005 is quashed and the matter is remanded to the Court below to reconsider the question of framing of the charges on the basis of the evidence that has come on record and the observations of this Court in this application.