UPENDRA NARAYAN SINHA Vs. DINESH THAKUR

JUDGEMENT

(1.) This judgment will also dispose of Cr. Misc. No. 9414 of 1990 (Upeni ra Narayan sinha v. Dinesh thakur and Ors) and both these petitions are directed against one and the same order dated 28-7-1990 passed by the Judical Magistrate, samastipur whereby he took cognizance of offences under Section 147, 323, 341, 484 ar. 6 379 of the Indian Penal Code against the petitioners on a criminal complaint filed by Dinesh Thakur, opposite party No. 1.

(2.) Binita Kumari, petitioner No. 2 is the wife whereas petitioner pawan Kumari and Sbailendra Kumar are mother in law and brother-in-law respectively of Dinesh Tbakur, the complainant, Allegations in the compiaint in brief are that on 4-10-1990 (sic) at about 6. 30 P. M. the aforesaid petitioners along with Upendra Narayan Sinha (petitioner of Cr. Misc. No. 94'4 of 1990) came to sweet shop "hari Misthan Bhandar" where be bad gone for delivery of milk and forcibly took him to the Railway track and snatched Rs. 800/- from him They also forcibly obtained his thumb impressions on certain stamped and blank papers. It is alleged that petitioner No. 2 was having illicit relation with Upendra Narayan Sinha and that the mother and the brother of petitioner No. 2 were conniving with her.

(3.) The complaint was filed in the court of the Chief Judicial magistrate, Samastipur, on 9-1-1990. Since the law years were on strike on that date, the Chief Judicial Magistrate recorded the statement of the complainant on 20-2-1990. He took cognizance of the offences but postponed issuance of the process as he was of the view that the matter required enquiry. He then transferred the case to the Judicial Magistrate, Samastipur, for enquiry and disposal. 1 he transferee court vide impugned order dated 21-7-1990 issued processes by way of summons against all the accused for facing trial under sections 147, 323, 341, 384 and 379 of the Indian Penal Code.