RAVI SHANKAR S/O LATE JAGAT NARAYAN SINGH Vs. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF LAW AND JUSTICE, GOVT. OF BIHAR, PATNA AND ANR.

JUDGEMENT

(1.) This petition under Sec. 482 of the Crimial P.C. has been filed on behalf of the petitioners for quashing the order dated 18/19.07.2011 passed by Mrs. Niharika, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 3275 C of 2010 corresponding to Trial No. 2056 of 2010 by which and whereunder the learned Judicial Magistrate having found prima facie case under Sections 323 and 380 of the Indian Penal Code, ordered to issue summons against the petitioners to face trial in the above stated case.

(2.) The brief fact, which lies to file this quashing petition, is that Opposite Party No. 2, namely, Mrs. Ritu Kumari filed aforementioned Complaint Case No. 3275 C of 2010 against the petitioners and three others in the court of Chief Judicial Magistrate, Patna alleging therein that on 28.11.2010 at about 09:00 P.M. petitioners no. 1 and 2 came to her house and started abusing her and when she objected, petitioners and other accused started assaulting her mercilessly knowing it very well that she was carrying pregnancy at the relevant time. She further alleged that accused, Bablu took out pistol from his pocket whereas accused, Gajendra Prasad Singh took Rs.5300.00 from her Almirah and accused, Rinki Devi snatched gold chain worth nearly Rs.40,000.00 and similarly, petitioner no. 3, namely, Amrita Singh snatched Jhumka worth nearly Rs.8,000.00. The Opposite Party No. 2 raised alarm which attracted the witnesses, who saved her life. After the aforesaid incident, she went to Phulwarisharif Police Station to lodge the first information report but police did not register the case in collusion with the petitioners and other accused.

(3.) Learned Chief Judicial Magistrate took the cognizance of the offences and transferred the record to the court of Mrs. Niharika, Judicial Magistrate, 1st Class, Patna for enquiry and trial and after that the above stated Mrs. Niharika, Judicial Magistrate, 1st Class, Patna conducted an enquiry under Sec. 202 of the Crimial P.C. and having found prima facie case under Sections 323 and 380 of the Indian Penal Code, ordered to issue summons against the petitioners and other accused passing impugned order dated 18/19.07.2011 against which this quashing petition has been preferred.