NAVIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dated 19.9.2007 passed by Additional Sessions Judge, F.T.C. IV, Munger in Cr.Revision no. 296/2005 and the order dated 4.2.2008 passed by Chief Judicial Magistrate,Munger in Complaint Case No. 815C/2004 by which cognizance has been taken against the petitioners under sections 323 and 504 of the Indian Penal Code.

(2.) Heard counsel for the parties.

(3.) Initially Complaint Case No. 815 of 2004 filed on behalf of opposite party no.2 against petitioners making allegations in brief that on19.8.2004 at about 5.30 AM, petitioners came to the house of opposite party no.2, asked whereabouts of one Pramod and entered forcibly into his house, assaulted the complainant by means of Danda, kick and fist His wife was also assaulted and misbehaved. His sister-in-law (Bhabhi) was abused and Rs.2000/- was snatched. After examination of complainant and his witnesses, cognizance was taken, complaint petition was dismissed which was questioned by filing Criminal Revision no. 296/05 which was allowed and the case was remanded for further enquiry. Now cognizance for the offence under sections 323 and 504 IPC has been taken against petitioners by order dated 4.2.2008 by Chief Judicial Magistrate, Munger.