DEO PRAYAG SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 30.4.2010 passed in Bihta P.S. Case No. 243/08 by the learned Judicial Magistrate, 1st Class, Danapur, Patna whereby the learned Magistrate has taken cognizance of the offences under Sections 341, 323, 325 and 307/34 IPC against the petitioners.

(2.) According to the written report given by the informant O.P. No. 2 there were some ongoing disputes between him and the petitioners relating to right of passage. It has been alleged that the present petitioners have assaulted and caused injuries to the family members of the informant as also to other villagers who intervened. Specific allegations have been made against the petitioner no. 3 Amarendra Kumar and petitioner no. 5 Mirtunjay Kumar who are said to have been armed with pistols as also against petitioner no. 1 armed with farsa and petitioner no. 6 Shailendra Sharma armed with gharasa, who assaulted the informant with the intention of killing him. It is also stated that these persons severely assaulted the informant's uncles Ashok Kumar and Vikash Kumar causing serious injuries to them and but for the intervention of the villagers, the petitioners might even have killed the informant and the other persons.

(3.) Learned counsel for the petitioners submits that as far as the cognizance of the offence under Section 307 is concerned it is evident on the face of it the same is not made out for the following reasons: