RANJAN PRASAD @ RAJAN LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application at the instance of the five petitioners, all of whom have been impleaded as accused in Complaint Case No. 420(C) of 2006, and against whom cognizance has been taken under Ss. 323 and 504 of the Indian Penal Code by Sri S.B. Niraj, Judicial Magistrate, 1st Class, Patna, by his order dated 5.1.2007 is for quashing of the said order.

(2.) The prosecution case is based on the complaint petition filed on 16.2.2006 by O.P. No. 2 herein, Pinki Devi, who, inter alia, alleged that on 6.2.2006 at about 9 P.M. all the accused persons came to her house and on the orders of accused no. 1. Rajan Prasad, the other accused persons caught hold of her and accused Raju and Nitya Nand over powered her and accused Bablu and Rakesh divested her of her clothes up to the waist by tearing her blouse and taking away her sari. However, even with the gagged mouth the complainant managed to raise nulla which attracted the neighbours who rushed to the place and seeing this the accused persons ra'n away and while departing they snatched her golden chain. It is said that the witnesses who had arrived saw the accused persons going away and when her husband arrived at 10 P.M. she narrated the incident to him. On the following day at 9 P.M. the complainant accompanied by her husband went to the Kadamkuan Police Station to lodge a case which was not instituted. Accordingly the complaint.

(3.) It has been submitted by the learned counsel for the petitioners that they have been implicated falsely in this case since petitioner no. 1 had filed CWJC No. 635 of 2004 before this Court which by order dated 19.9.2005 had directed for removal of encroachment made while constructing Sudha Milk Booth in front of the house of the petitioners as well as for the removal of encroachment made by Gopaljee Tea Stall and as the order had not been carried out the said petitioner filed M.J.C. No. 23 of 2006 before this Court and this Court by order dated 30.11.2006 had directed the physical appearance of the Collector and eventually by order dated 12.12.2006 disposed of the contempt petition. It has also been submitted that since pursuant to the order passed in the writ application Gopaljee Tea Stall was removed by the police officials and as the contempt petition had been filed Gopal Prasad the owner of Gopaljee Tea Stall bore a grudge and committed an occurrence on 3.1.2006 for which Complaint Case No. 333(C) of 2006 was filed in the Court of C.J.M. Patna, on 4.1.2006 which was prior in time of the filing of the instant complaint petition and wherein cognizance was also taken.