GOPALPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case was referred to a Division Bench by order dated 9-4-1992 on the ground that a similar point is involved in Cr. Misc. No. 7806/88. The aforesaid case we have already disposed of by separate order. As. in onr opinion, the point involved in that case was different and accordingly, we are disposing of this application seperately on merit.

(2.) The petitioner has filed the present application for quashing the order dated 28-2-92, passed by the Judicial Magistrate, First Class, Dumka. in Complaint Case No. 26/91 by which the learned Magistrate has taken cognizance under Section 211 of the Indian Panal Code and ordered for issuancs of process against the petitioner.

(3.) It appears that opposite party No. 2 filed a petition of complaint before the Chief Judiciel Magistrate, which was numbered as Complaint Case No. 216/91 alleging, inter alia, that the Junior Engineer Sitarm Singh of Water Wage Sub-divisional Office, Rangalia, lodged a first information rerport on 4-8-l991 with regard to a theft of Water Pump by some unknown person According to the complainant, the petitioner, during the investigation of the aforesaid case, came and raided the house of the complainant, assaulted his family members, removed the articles and humilliated him as well as his family members. He has given the details of the articles removed by opposite party No. 2 In paragraph 15 of ths complaint petition, he has stated that the accused has committed the offence under Saction 211 I.P.C and, accordingly, prayed for taking action against the petitioner.