DHARMENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the O.P. No.2 and learned APP for the State.

(2.) The instant criminal miscellaneous petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), by the petitioners seeking quashing of the order dtd. 30/4/2015 passed by the Court of the Judicial Magistrate, 1st Class, Katihar, in Complaint Case No. C.A. 84 of 2015, whereby the learned Magistrate has taken cognizance of offences punishable under Ss. 448, 323, 379, and 504 of the Indian Penal Code (hereinafter referred to as "IPC") and summoned the petitioners to face trial for the said offences. The aforesaid order taking cognizance is under challenge in the present quashing application.

(3.) Mr. Jibendra Mishra, learned counsel appearing for the petitioners, has submitted that the impugned order is wholly unsustainable in the eye of law, being contrary to the principles laid down by this Court in Surendra Pandit @ Soren Pandit and Ors. v. State of Bihar and Anr., passed in Cr. Misc. No. 42389 of 2012. The relevant paragraph, upon which reliance has been placed, is reproduced hereinbelow: