ERAHMDEO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 24.11.2003 passed by the Judicial Magistrate, Jhanjharpur in C.P.No. 365 of 2003, T.R.No. 1362 of 2004 by which the learned Magistrate has taken cognizance under sections 323 and 342 of the Indian Penal Code read with Sections 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act) and summons have been issued against them.

(2.) IT appears that on the alleged date of the occurrence i.e. 10.6.2003 the complainant asked for his payment as his daughter was got to be married and on which the petitioner no.1 became infuriated and called other accused persons to assault the complainant in order to teach a lesson. It has been alleged that all the accused persons assaulted the complainant and took thumb impression from him on a plain paper and also snatched the watch and Rs. 450/ - in -cash.

(3.) PERUSED the impugned order and also the complaint petition.