BHAVNATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Spl.P.P. duly assisted by learned counsel for the opposite party no.2.

(2.) The present application has been filed for quashing of the order taking cognizance dtd. 30/5/2016 passed by learned A.C.J.M.-I, Madhubani in C.R. No.901 of 2014 (G.R. No.3077 of 2013), whereby the learned Jurisdictional Magistrate has taken cognizance of the offences punishable under Ss. 341, 323 and 504 of the Indian Penal Code (for short 'IPC') against the petitioner.

(3.) The prosecution case in brief speaks that on 12/12/2013, the informant lodged a written report before the Officer-in-Charge, SC/ST Police Station, Madhubani stating therein that the informant has a land dispute in his native village and the petitioner namely, Bhavnath Jha, who is posted as Halka Karamchari in Khajauli Anchal, has submitted a wrong report to his superior authority regarding land of the informant, whereas the informant has no land. The informant further alleged that when the informant made an inquiry regarding whereabout his land as per report then, the petitioner, Bhavnath Jha told him that he will say it later on. On 3/12/2013 in the southern side of Khajauli Anchal near Petrol Pump, the informant met with the petitioner all of a sudden and when the informant asked about his queries, he was abused caste-wise. The informant further alleged that when he wanted to stop, the petitioner snatched Rs.2200.00 from his pocket. The entire episodes were seen by some people and petitioner gave threatening to the informant also.