NAGENDRA KUMAR @ SONU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Suraj Narayan Prasad Sinha, learned Senior Counsel for the petitioners, Shri Hirday Prasad Singh, learned Additional Public Prosecutor and Shri Nand Kishore Prasad Sinha, learned counsel, who has appeared on behalf of opposite party no.2/complainant.

(2.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for setting aside the entire prosecution arising out of Complaint Case No.330 of 1996 pending in the court of Judicial Magistrate, Patna City for offences under Sections 323, 504 and 379 of the Indian Penal Code.

(3.) Learned counsel for the petitioners submits that in the present case, the complainant had maliciously filed the complaint case due to the reason that earlier a criminal case was lodged as per the instance of the petitioners' side against relatives of complainant. It was argued that number of cases, thereafter, were filed by the complainant's side and petitioners are being harassed by the complainant and their family members. On the ground of malicious prosecution, it has been prayed to quash the entire criminal prosecution.