MADAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This application under Section 482 of the Code of Criminal Procedure at the instance of one Madan Prasad Singh, erstwhile Officer-in-Charge of Madhuyan Police Station and presently posted in the same capacity at the Lakhaura Police Station is directed against the order dated 27.04.2005 passed by the learned Sub-Divisional Judicial Magistrate, Sikrahna at Motihari in complaint Case No. C2/05 whereby he Page 0522 has taken cognizance of the alleged commission of offence under Section 323 of the Indian Penal Code and has summoned him.

(2.) THE fact of the case lies within a narrow compass and may be noticed with relevant brevity. It is said that during ensuing Bihar Assembly Election, 2005 a general direction followed to all police stations including Madhuban Police station to arrest the Warranties/absconders and criminals in pursuance of the orders of the court and to collect information about terrorists so that peaceful and impartial election could take place in the State. It is further said that in pursuance of this direction the petitioner alongwith a raiding party and having made S.D. Entry No. 20 at 11 P.M. on 1.1.2005 proceeded by keep to execute the order of the Courts and in course thereof with the help of raiding party the he arrested accused Maharaj Sahni of village-Chainpur against whom warrant had been issued from the court of the learned Additional Sessions Judge, Motihari in connection with Sessions Trial No. 316 of 2004. THEreafter the party went to Village-Madhopur at about 2 A.M. on 02.01.2005 where they arrested accused Lakshman Bhagat and Ganga Bhagat against whom warrant from different courts were pending execution. It is said that in course of the raid Maya Devi the wife of Ganga Bhagat recomnstrated with the officials of the raiding party, abused them and started creating resistance in discharge of their official duty. In this connection she started weeping and beckoned her associates and anti-social elements who came and obstructed the raiding party by putting 'logs' and 'henga' as a result whereof the jeep of the raiding party could not move about. It is said that in the light of the jeep the personnel of the raiding party recognised certain precious who were variously armed with lathies and dandas land they started rescuing the two arrested warranties and they were exhorted by one Rameshwar alias B.D.O. who told them to burn the jeep. It is alleged that on such exhortion Maya Devi smashed the wind screen of the jeep and in the melee the two arrested warranties Lakshman Bhagat and Ganga Bhagat managed to escape but the raiding party succeeded in rearresting them whereas the other associates managed to flee. It is also said that the two warranties were brought to the thana where they were given first aid to the injuries that they had received in the melee and then they were sent to the court alongwith the injury report with escort party. It is further said that on reaching Madhuban Police Station at about 5 A.M. on 2.1.05 the petitioner made Sanha Entry No. 21 wherein it was mentioned that a case under Sections 186, 427 and 504 of the I.P.C. was made out against the aforesaid eight persons for misbehaving with the raiding party and in obstructing them from discharge of their official duty. On the basis of that report Complaint Case No. 5/06 was initiated in the court of sub-Divisional Judicial Magistrate, Sikrahna.

(3.) IT has been submitted on behalf of the petitioner that it would appear from the statements of the complainant on S.A. that she had not supported the case of rape and had only supported the case of assault and that only goes to show the falsity of the complaint.