NAGENDRA NATH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure by the petitioners for quashing an order passed by the Chief Judicial Magistrate, Saharsa, on the 2nd January, 1975, taking cognizance under Sections 148, 379 and 448 of the Indian Penal Code against the three petitioners and one more accused person.

(2.) It appears that Opposite Party No. 2, Kunkun Rai, had filed a petition for complaint against these petitioners and one more on the 30th April, 1973, in respect of an occurrence which had taken place on the 28th April, 1973, wherein offences under Sections 147, 148, 323, 379, 427 and 448 of the Indian Penal Code were alleged. The learned Magistrate after examining the complainant (Opposite Party No. 2) on solemn affirmation on that very date, i.e., on the 30th April, 1973, directed a Magistrate First Class to hold an inquiry at the spot. Accordingly, an inquiry was held by a Magistrate, who submitted his report on the 11th December, 1974. On receipt of the inquiry report and having perused the same, the learned Magistrate purported to take cognizance of the offences under Sections 148, 379 and 448 of the Indian Penal Code, and transferred the case to the court of Shree D.P. Sinha, for disposal. The petitioners have preferred this application for quashing the impugned order of the learned Magistrate taking cognizance and issuing summonses against the petitioners.

(3.) The learned lawyer for the petitioners has submitted that the learned Magistrate was not justified in taking cognizance and summoning the accused persons to stand their trial as the inquiry held by the inquiring Magistrate was not properly held, that there has been a land dispute between the parties, as has been held by the inquiring Magistrate, and that the petitioners will be unnecessarily harassed in the Criminal Case, and for these reasons the impugned order of the learned Magistrate should be quashed. It has also been urged that the inquiry has not been held according to the provisions of Section 539-B of the Code of Criminal Procedure.