SHYAMLAL RAJAK ALIAS SNYAMLAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure ("the Code"), in short for quashing the proceedings in Complaint Case No. 144(C) of 2000 as we order dated 3.2.2000 whereby' and where under the learned Chief Judicial Magistrate, Patna had taken cognizance of offence, as well the order dated 26.6.2000 recorded by Shri B.K. Dixit, learned Judicial Magistrate, Patna under which the process was issued against the petitioners, as well the complaint, aforesaid, dated 31.1.2000. The relief has been sought on the following grounds: -

(2.) FROM perusal of the copy of the second complaint which is on the record, it appears that the allegation was that on the date of occurrence the petitioners and other accused broke open the door and entered into the house, and some of them assaulted the daughter of the complainant and took away various household properties.

(3.) IT is well settled as to under what circumstances a complaint or proceeding arising out of a complaint could be quashed by exercising inherent powers of this Court. It cannot be said that the allegations as made in the complaint do not disclose the ingredients of any offence, or that the allegations are such that a prudent man would consider the same to be improbable or that the taking of cognizance or the further proceedings were barred under any law. The point that in the first complaint these allegations were not referred to or that there had been a delay of filing of the complaint are points which should better be considered at the time of the trial. In that view of the matter, I don't find that the impugned orders, or the proceedings, should be quashed. Therefore, this petition is dismissed.