RADHESHYAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application preferred under section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), the petitioner seeks quashing of the order dated 25.11.2014 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P. S. Case No. 156 of 2011 by which he has taken cognisance of the offence punishable under sections 341, 323, 506, 504, 354 and 34 of the Indian Penal Code (for short "IPC") against the petitioner and others.

(2.) The FIR, in question, was registered on the basis of written report dated 24.03.2011 submitted by one Sitaram Sharma before the Officer-in-charge of Ara Police Station. The informant has alleged that the petitioner, his wife Bhagwati Devi and their three sons, namely, Sanjay Sharma, Suman Sharma and Shani Sharma assaulted him and his wife and ousted them from their house. He has further alleged that they snatched Rs. 5000/- from his pocket and a golden chain of his wife. They also took away telephone set and utensils. He also alleged that when he was absent, Santosh Sharma and Sanjay Sharma forcibly entered into the house and tried to outrage the modesty of his wife.

(3.) On the basis of the aforesaid allegations, the FIR was registered under Sections 341, 323, 384, 506, 504, 379, 354/34 of the IPC. However, on completion of investigation the police found the allegation to be true only for the offences punishable under Sections 341, 323, 506, 504, 354/34 of the IPC and accordingly a report under Section 173(2) of the Cr.P.C. was filed in the court.