NAGENDRA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner for quashing of order dated 12.9.2006 passed by Sri Sampat Kumar, Judicial Magistrate, 1st Class, Saran at Chapra in U.T. Case No. 195 of 2007 (arising out of Complaint Case No. 2768 of 2004) whereby cognizance u/s. 302/34 of the Indian Penal Code has been taken against the petitioner.

(2.) The aforesaid case was set into motion by the fardbeyan given by one Munna Tiwari who stated inter alia that Vijay Kumar Singh and Ajay Kumar Singh, were his brothers-in-law (Sala) and on the occasion of Holi Festival on 7.3.2004 came by cycle to his house to play Holi whereafter they left. It is alleged that after some time the informant was informed by small children that both of them were being assaulted by the residents of Chamartoli and when the informant reached the place of occurrence, he saw that Vijay Kumar Singh had been killed by lathi, danda and Chhura whereas Ajay Kumar Singh had managed to flee. It is also alleged that the residents of Chamartoli were giving chase to Ajay. It has been claimed that the residents of Gorigawan Chamartoli had assaulted with lathi, danda and chaku and killed Vijay Kumar Singh and had injured Ajay.

(3.) On the basis of the said fardbeyan of Munna Tiwary Parsa P.S. Case No. 17 of 2004 was registered against unknown and subsequently on 16.3.2004 a Protest Petition was filed by the informant in which he named the petitioner and others along with unknown others as the assailants and inter alia alleged that on the day of Holi festival (7.3.2004) Vijay and Ajay had come to his house and even as they were talking in the house of the informant the petitioner herein came and asked them to go with him for celebrating Holi and accordingly they went towards Chamartoli with the petitioner herein. It is also alleged that after some time the informant heard hulla and coming into the house he made inquiry whereupon he was told that a quarrel had taken place in Chamartoli between his brothers-in-law and the petitioner and as he rushed and reached the Chamartoli he saw after committing the murder of his two brothers-in-law the petitioner and others were fleeing away. The informant gave chase but the accused persons wielding chhura and danda managed to make good their escape. It is also alleged that police arrived in the village and took the signature of the informant on blank paper and asked him to appear before the Senior Police Officer. The informant is said to have obtained a certified copy of the F.I.R. from perusal whereof he came to know that the petitioner had not been named in the F.I.R.