BALBINDARSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present application for quashing his prosecution for the offence under sections 426, 323, 324, 341 and 326 of the Indian Penal Code.

(2.) Opposite party No 2, Bhagwant Singh alias Bhagwati Singh, resident of Gurdwara Road, P. S. Shikarpur, Dist. West Champaran, lodged a written report before Shikarpur police station on 18 6.93 at 8 45 P. M. alleging that while his servant Shiv Prasad was returning back to Narkatiaganj on a Motor Cycle and his associates stopped the Motor Cycle and assaulted Shiv Prasad with lathi and Chhura Anyhow, Shiv Prasad managed to save himself and informed about the incident to the informant.

(3.) The motive for the cccurence was that a proceeding under section 107, Cr. P C. was going on between the Informant and the petitioner Balbindar Singh. The police after investigation submitted final on 30.8.93. The police also submitted on 18.6.93 a prosecution report for prosecution of the informant (Opp. Party No. 2) for the offence under sections 182 and 211 of the Indian Penal Code. Before receipt of the final form, opposite party No 2 filed a protest-cum-complaint petition on 22.6.93 (Annexure 4). On 5.11.93 the Chief Judicial Magistrate, Bettiah. accepted the final form and discharged the accused persons He stayed the prosecution of Opp Party No. 2, the informant, for the offence under Sections 182 and 211 of the Indian Penal Code on the ground that he has already filed a protest petition and till the disposal of the protest cum-complaint petition, prosecution for the aforesaid offence has to be stayed. By the same order he directed the complainant-opposite party No. 2 to appear on 1.12.93 for his statement on solemn affirmation.