RAM AUTAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order dated 17.6.2004 passed by Judicial Magistrate, Munger in Case No. 364(C) of 1992 whereby and whereunder he has been pleased to reject the prayer of the complainant to examine the complainant and Doctor in this case who are said to be material witnesses in the case.

(2.) THE case of the petitioner was that the petitioner filed a complaint case in the Court of Chief Judicial Magistrate, Munger, stating therein that while the petitioner was sowing paddy on 27.7.1992 the accused persons who are opposite Party Nos. 2 to 5 armed with deadly weapon came and uprooted the paddy crops. This petitioner Anil Mandal and Raghunandan Mandal protested. THE accused persons started assaulting the complainant party. Rameshwar Pandit assaulted Raghu Nandan Mandal with lathi on head and Gobardhan Pandi assaulted in hand.-Ram Bilash Pandit. Sheo Nandan Pandit and. Antram Pandit assaulted Anil Mandal with lathi and Khanti. THE villagers came on alarm and the accused persons started fighting with the villagers. Villagers also assaulted accused persons.

(3.) THE complaint case is of the year 1992. On 3.2.1994 charge was framed. THEreafter in the above status the case of the complainant was closed by the Court on 19.8.1995, whereupon a criminal revision No. 285 of 1995 was instituted in this Court. This Court dismissed the aforesaid petition. THEreafter the learned court below on grant of cost of Rs. 150/- allowed the prayer of the complainant which was set aside by the learned Second Additional Sessions Judge, Hunger in Cr. Revision No. 40 of 1996 vide order dated 8.1.1996 . A criminal Misc No. 11360 of 1998 was filed in this court against the aforesaid order. THE aforesaid. criminal Miscellaneous petition ws dismissed for non- prosecution.