BARGISH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing of order dtd. 30/5/2019 passed by learned Sessions Judge, Purnea in Cr.Revision No. 51 of 2019 / CIS No. 51 of 2019 and also for quashing of order dtd. 6/2/2019 passed by learned Judicial Magistrate 1st Class, Baisi, Purnea in Complaint Case No. 569 of 2018. By order dtd. 30/5/2019, the learned Sessions Judge has dismissed the revision application filed by the petitioners and upheld the order of learned Magistrate, who dismissed the complaint petition filed by Bargish @ Bakrgish Khatun (petitioner herein) under Sec. 203 Cr.P.C.

(2.) The prosecution case, as per complaint petition, in brief is that on 11/4/2018 at about 12 o..clock, the accused persons, as named in the complaint petition, variously armed forcibly started fencing of the land of the complainant and on protest, all accused persons are alleged to have entered in the house of complainant and brutally assaulted her with fists and slaps. It is further alleged that Sk. Farooque assaulted with lathi on the hand, waist and back of the complainant, whereas, Rifat thrashed the complainant on ground and torn her sari and blouse, as a result of which, she became half-naked and when her sisters came to save her, then all accused persons also assaulted them with lathi-danda. It is further alleged that Bibi Sahara snatched kamardhani, payal and chain from the sister of complainant and thereafter, fled away. After the occurrence, the complainant and her sisters got treated at Dagarwa Primary Health Centre.

(3.) It is submitted on behalf of petitioner that at this stage, the Court is only required to see as to whether prima facie case is made out or not. Meticulous examination of the evidence is not required. It is the specific case of the prosecution that accused / opposite parties, variously armed, assaulted the complainant and her sisters and in support of the same, they have also annexed medical report. It is next submitted that the learned Magistrate has mechanically passed the order, without application of mind, which is illegal and unsustainable in the eye of law.