BHRIGU ASHRAM RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 20.6.2005 passed by the Chief Judicial Magistrate, Katihar in C.A. No. 833/04 thereby and thereunder the cognizance under Sections 323 and 379 of the Indian Penal Code has been taken against the petitioners.

(2.) The petitioners are Assistant Engineer and Junior. Engineer of P.W.D. as well as their men and the complainant is son of the Contractor, namely, Ram Briksha Singh. The complainant filed the aforesaid complaint case against the petitioners with allegation that Rs. 4,65,000.00 was due against P.W.D. which was not paid in respect of the work done by him. On 11.5.2004 in the morning the complainant along with his father approached the petitioners for payment of dues on the plea of treatment of complainant's father upon which the petitioners assaulted the complainant with fists and slaps and also committed theft of golden rings and chain belonging to them. The father of the complainant received some injuries in his finger and elbow. Accordingly, the complainant approached the police and the police forwarded the father of the complainant to hospital for treatment. Ultimately he refused to lodge the case and also arrested him in connection with a case alleged to be lodged by the petitioner no.1.

(3.) It is needless to say that the learned court below in a mechanical manner in an inquiry under Sec.202 Cr.P.C. recorded the statement of some witnesses and thereafter took cognizance against the petitioners.