SURYAMUNNI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Avinash Shekhar, learned counsel being assisted by Mr. Surendra Kumar Singh for the petitioners and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.

(2.) By the present application preferred under Sec. 482 of the Code of Criminal Procedure (for short 'CrPC') the petitioners have invoked the inherent jurisdiction of this Court for quashing of the order dated 22nd Nov., 2012 passed by the learned Judicial Magistrate, 1st Class, Buxar in G.R. No. 286 of 2012, arising out of Brahampur P.S. Case No. 48 of 2012 whereby cognizance has been taken of the offences punishable under Sections 188 and 384 of the Indian Penal Code (for short 'IPC').

(3.) The First Information Report (for short 'FIR') of the aforesaid Brahampur P.S. Case No. 48 of 2012 was registered on the basis of a written report of the Circle Officer, Brahampur submitted to the Officer-in-charge of Brahampur police station wherein it has been stated that the District Magistrate, Buxar, vide letter bearing memo no. 030363 dated 15.02.2012, has informed the Circle Office that settlement of the Brahampur Faguni and Vaishakhi Shivratri Cattle Fair, 2012 (for short 'Cattle Fair') has been made in favour of one Bharat Bhushan Singh. The said Bharat Bhushan Singh has informed the Circle Officer that the petitioners along with some other persons are involved in illegal collection of revenue in the Cattle Fair and are using criminal force and creating obstruction in execution of his duty to collect revenue pursuant to the Parwana issued in his favour by the District Magistrate, Buxar.