SRIKANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the entire prosecution as also the order dated 12.6.2000, passed by the Sub -Divisional Judicial Magistrate. Sarnastipur in Complaint Case No. 1103. of 1999, whereby the learned Magistrate has taken cognizance of the offence under Sections 447 and 504 of the Indian Penal Code.

(2.) ALTHOUGH the aforesaid prayer has been made in an application filed under Section 226 of the Constitution of India but when the matter is taken up, Mr. Singh appearing on behalf of the petitioner prays to convert this application into an application under Section 482 of the Code of Criminal Procedure. I am proceeding to consider this application as an application under Section 482 of the Code of Criminal Procedure.

(3.) IT has been alleged in the petition of complaint that on 26.10.1999, the petitioner, who happens to be an Assistant Sub -Inspector posted at the Railway Protection Force posted at Samastipur came to his house and called him and when he was a bit late on account of illness, the petitioner abused him and asked him to come out immediately to take the notice. According to the petition of complaint, the petitioner is alleged to have stated that in case he does not receive the notice, his family members shall be thrown out from the house in his occupation. The complainant has further alleged that when he came out and protested to the abuse hurled by him, petitioner became angry and he was served with a notice for vacation of the house and the same contains the forged signature of the petitioner.