PUJA GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel appearing for Opposite Party No. 2 and in my view, this petition can be disposed of on the admission stage itself. Petitioners, while invoking the extraordinary jurisdiction of this court, pray for quashing the order dated 16.3.2009 passed by Sri Shivchand, learned Judicial Magistrate, 1st Class, Munger in Complaint Case No. 1175(C) of 2008 by which and whereunder, he, having found prima facie case under Sections 323, 504 of the Indian Penal Code, ordered to issue summons against petitioners.

(2.) The brief fact which lies to file this quashing petition is that Opposite Party No. 2 filed Complaint Case No. 1175(C) of 2008 against petitioners alleging therein inter alia that on 23.10.2008 at about 5.00 p.m. while he was returning to his home and reached near the house of one, Anil Sah, petitioners were sitting on verandah of the house of Fufa and called him and after that, the petitioner Nos. 2, 3 & 4 came there and caught hold of him. Furthermore, he alleged that the aforesaid petitioners started assaulting him with fist and slaps and also asked from him to withdraw the case which had been filed by him against the brother of aforesaid petitioners. In the meantime, petitioner No. 1 brought a plain paper and handed it over to petitioner No. 2 who asked the complainant to put his signature on the aforesaid blank paper and when Opposite Party No. 2 refused to obey the command, the petitioner No. 1 took out a pistol and put the said pistol on the chest of Opposite Party No. 2 and threatened him and, thereafter, Opposite Party No. 2 put his signature on plain paper out of the fear which was kept by petitioner No. 1. Furthermore, it is alleged that petitioner No. 5 took out Rs. 2,600/- and some documents from the pocket of the Opposite Party No. 2 whereas; petitioner No. 3 snatched gold ring worth Rs. 7,000/- from the Opposite Party No. 2. After the aforesaid occurrence, the informant went to concerned police station with intent to lodge the case but the concerned police officials asked him to file complaint case in court and thereafter, Opposite Party No. 2 filed the abovesaid case. The learned Chief Judicial Magistrate transferred the aforesaid complaint case to the Court of Sri Shivchand, Judicial Magistrate, 1st Class, Munger for conducting an inquiry u/s. 202 of the Cr.P.C. The abovesaid court conducted an inquiry u/s. 202 of the Cr.P.C. and having found prima facie case u/ss. 323, 504 of the Indian Penal Code, passed the impugned order dated 16.3.2009 in the manner as stated above.

(3.) Learned counsel appearing for petitioners submits that petitioner No. 1 is legally wedded wife of Opposite Party No. 2 and petitioner Nos. 2 to 4 are brothers-in-law of Opposite Party No. 2 whereas; the petitioner No. 5 is wife of Opposite Party No. 2 and similarly, petitioner No. 6 is wife of petitioner No. 3 and the aforesaid material facts were suppressed by the Opposite Party No. 2 in his complaint petition. It is further contended by him that as a matter of fact, prior to the filing of the aforesaid complaint case, petitioner No. 1 had filed a case u/s. 498A of the Indian Penal Code against the Opposite Party No. 2 as well as his other family members and after filing of the aforesaid complaint case by petitioner No. 1, the Opposite Party No. 2 started filing criminal cases one after another. It is further contended by him that father of the Opposite Party No. 2 is a practicing advocate at the Civil Court, Munger and taking the advantage of his legal practice, he got filed the present case as well as some other cases against the petitioners. It is further contended by him that the petitioners are residents of District-Jamui which is situated near about 80 kilometres away from District-Munger and it is unbelievable that petitioners could come to Munger to commit such type of offence and, therefore, the story as propounded by the Opposite Party No. 2, is full of absurdity.