VIDYA BHUSHAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Shubhash Pandey, learned counsel for the petitioners, Mr. Md.Mustaque Alam, learned Addl. Public Prosecutor and Sri Gopal Govind Mishra, learned counsel appearing on behalf of Opp. Party No. 2.

(2.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 14.12.2007 passed by the learned 1st Addl. Sessions Judge, Siwan in Cr.Revision No. 30 of 2006, whereby the revision petition preferred against the order of cognizance dated 20.1.2006 in Complaint Case No. 1344 of 2003 passed by Sub-Divisional Judicial Magistrate, Siwan, was dismissed.

(3.) Short fact of the case is that in the year 2003, Opp. Party No. 2 filed a complaint in the Court of learned Chief Judicial Magistrate, Siwan, which was numbered as Complaint Case No. 1344C of 2003 arraying all the petitioners as accused for commission of offence under Sections 341, 392, 506 of the Indian Penal Code and Sections 25 and 26 of the Arms Act on an allegation that the complainant was intercepted by the accused persons and on the point of pistol Rs.3,000/- was snatched by the accused persons. After filing the complaint petition and conducting enquiry, the learned Magistrate dismissed the complaint on 25.9.2004 under Section 203 of the Code of Criminal Procedure. Against rejection of complaint petition, the complainant preferred a revision vide Cr. Revision No.187 of 2004, which was allowed on 26th October, 2005 and the case was remitted back to the learned Magistrate for conducting further enquiry. Thereafter, the learned Magistrate by the impugned order, i.e. order dated 20.1.2006 took cognizance of offence under Sections 341 and 504 of the Indian Penal Code.