PRAMOD RAJPATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing for the opposite party No. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') seeks quashing of the order dated 29.1.2011 passed by the A.C.J.M., Danapur by which cognizance has been taken under Sections 341/323/354/307/427/504/34 of the Indian Penal Code as well as the order dated 29.10.2012 passed by the Judicial Magistrate, 1st Class, Danapur committing the case to the Court of Sessions for trial in connection with Rupaspur P.S. Case No. 46 of 2009/G.R. No. 762 of 2009.

(2.) However, learned counsel for the petitioners submits that he is confining his prayer in the present application to the portion of the order by which cognizance has been taken under Section 307 of the Indian Penal Code also due to which the matter has been committed to the Court of Sessions for trial..

(3.) The prosecution story in brief is that on 25.3.2009 when the informant was Sitting in his shop, the petitioner No. 1, who is his neighbour, came out of his house along with his motorcycle and on seeing the informant, he started abusing him. When the informant objected to the same, it is alleged that the petitioner No. 2 came out of the house with a bucket full of water and threw it on the cement bags kept in the shop of the informant due to which 40 such bags were destroyed. Upon cry being raised, the informant's two daughters came out and the petitioner No. 1 assaulted them with iron rod with the intention to kill due to which they received injury on their head and body. The incident was witnessed by the neighbours and the reason mentioned is that a day earlier on the orders of the Anchal Adhikari, Danapur the land was being measured and demarcated by the government 'Amin' who was chased away by the petitioner No. 1 and his family members.