BALBIR PRASAD BEGISH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under S. 482 of the Code of Criminal Procedure (in short as Code)has been filed for quashing the order dated 25-9-2002 passed by Sri Sanjay kumar Sinha, Judicial Magistrate, 1st Class, hajipur, Vaishali in complaint case No. 37/2002 corresponding to Tr. No 259/2005 whereby and whereunder he took cognizance under Ss. 379, 323, 447, 504 of the I. P. C. and directed for issuance of summons against the petitioners.

(2.) THE case of O. P. No. 2/complainant, in short, is that complainant Shashi bhushan Singh filed a petition of complaint on 5-1-2002 in the Court of C. J. M. , Vaishali at Hajipur alleging therein that on 24-12-2001 at about 2. 30 p. m. he had gone to the house of Dr. R. B. Gupta for medical check up and also to see his generator set. He was waiting there. In the meantime, the petitioners in a group of 8-10 persons arrived there and began to search Dr. R. B. Gupta. They also started abusing the doctor in filthy language. The complainant protested against their behaviour. A scuffle took place between them. The complainant said that he is an advocate but still the accused persons abused him. It is said that accused Ramesh prasad told that he is related to the District judge and do not care for advocates. It is further said that accused persons took away two generator sets worth Rs. 36,000/- and in this way they defamed the complainant, also. In the evening at about 4 p. m. the com plainant learnt that his generator sets have been kept in the premises of Hajipur police station. So he went there to enquire about it when accused Brijnandan Singh falsely implicated him in a false case of electricity theft. It is also said that taking away the generator set does not come in the category of official duty. It is further said that complainant fell ill in the night of 24-12-2001 and so delay occurred in filing the complaint.

(3.) IT appears that during enquiry under s. 202 of the Code six witnesses were examined and the learned Magistrate after being satisfied that there was sufficient materials for proceeding further against the accused petitioners ordered to issue summons against them for offences punishable under Ss. 447, 323, 504 and 379 of the Penal Code. Against the said order the petitioners have preferred the present application for quashing before this Court.