METHO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for opposite party Nos. 2 and 3 as well as learned Addl. Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed off at the admission stage itself. Petitioner, namely, Metho Yadav while invoking extraordinary jurisdiction of this court vested under Section 482 of the Cr.P.C. has prayed for quashing the order dated 6.8.2009 passed by Sri S.K. Lai, learned Sessions Judge, Begusarai in Cr. Revision No. 93/2009 as well as order dated 20.1.2009 passed by Sri D.S. Singh, learned Judicial Magistrate, Begusarai in Cheriya Bariyarpur P.S. Case No. 113/ 2002 giving rise to G.R. No. 2754/2002.

(2.) The brief fact giving rise to file this quashing application is that the petitioner, namely, Metho Yadav filed Complaint Case No. 1500/2002 in the Court of learned Chief Judicial Magistrate, Begusarai, who, in turn, sent the aforesaid complaint case to Cheriya Bariyarpur Police Station for institution of FIR and investigation and accordingly, Cheriya Bariyarpur P.S. Case No. 113/2002 under Sections 149 and 302 of the IPC was registered against Jagdish Mahto, Ramashish Mahto, Suro Mahto, Manoj Mahto, Kunjo Mahto and Bharosi Mahto.

(3.) The case of the petitioner, as emerged out from his complaint petition, is that on 1.11.2002 at about 5 P.M. while his brother, namely, Dhanik Yadav was at his house, the abovenamed accused persons alongwith Officer Incharge of Cheriya Bariyarpur Police Station, namely, Harindra Singh and other police officials came there and took his brother to Cheriya Bariyarpur Police Station assaulting and abusing him and on account of the aforesaid illegal act of the police officials and the abovestated co-accused persons, the villagers and witnesses became agitated and they as well as the petitioner came at the police station and heard the sound of crying of his brother and in the meantime, he heard that someone was telling that his brother was no more. The villagers surrounded the police station and also blocked the road. The petitioner tried to lodge the case in respect of death of his brother but his case was not registered and after that he gave telephonic information to the Superintendent of Police, Begusarai but that telephonic information also did not bring any result. Lastly, he filed the abovestated complaint in the Court of the Chief Judicial Magistrate, Begusarai.