ABHAY NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present quashing petition has been preferred to quash the order dtd. 6/4/2024 passed in Complaint Case No. 2531 (C) of 2008, where learned SubDivisional Judicial Magistrate, Patna, rejected the application seeking discharge under Sec. 245 of the Criminal Procedure Code (in short, Cr.P.C.), where cognizance was taken for the offences punishable under Ss. 341, 323, 504 and 506/34 of the Indian Penal Code.

(3.) The prosecution story In short, as per the allegations against this petitioner in the complaint case, the complainant has alleged that inter alia, that the accused persons came to her residence when her husband was not available, and this petitioner called the complainant from her house and upon reluctance to the complainant, the accused persons forcefully entered into the house and this petitioner caught hold of the hands and dashed the complainant against the wall causing her injury. It is also alleged against this petitioner-accused that on his orders, other accused persons bodily lifted the complainant and in doing so, this petitioner snatched a gold chain from the neck of the complainant, and handed over the same to the accused no 2. It is also alleged that when her mother-in-law protested, she was also thrown on the ground by the accused persons, and she also sustained injuries. It is also alleged that the complainant was taken to the police station and confined to 'Hajat' and subjected to cruelty. Ultimately, the complainant had alleged commission of offences under Ss. 147, 342, 341, 323, 354, 506, 504, 379, 337, 338, 448 and 34 of the Indian Penal Code.