NAGENDRA CHOUDHARY 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 10.1.1998 passed by the Judicial Magistrate, Jehanabad in complaint case no. 185 of 1996. as well as the entire criminal proceeding arising out of the said complaint case thereby the cognizance under Sections 147, 380, 500 and 504 of the Indian Penal Code has been taken against the petitioner and others.

(2.) HEARD learned counsel for the petitioner as well as Opposite Party no.2. Two named police officers and five unnamed police constables of Arwal police station have been arrayed as accused in this case. The petitioner is accused no.2, who was then Dy. Superintendent of Police, Arwal. The allegation in the complaint petition is that all the accused persons entered into Thakurbari of the complainant and began to abuse him and threatened to withdraw the case filed by him against Ex officer -in -charge of Arwal police station. The accused no. 1, the then officer -in -charge of Arwal police station entered into the room of Thakurbari and took away cash Rs. 25,000/ -, golden chain, bangles including crown of lord Krishna and also mauzer rifle with cartridges.

(3.) SUBMISSION of learned counsel for the petitioner is that the entire case is false and baseless. The real fact is that the complainant was an accused in a murder case being Arwal P.S. Case No. 78 of 1996. On 18.6.1996 the officer -in -charge, the accused no.1 along with armed force went in Thakurbari for arrest of the complainant. He resisted the arrest for which the police applied force and for safety reason also seized his arms and cartridges and deposited the same in Police Malkhana. The petitioner, who was the then Deputy Superintendent of Police had no role to play. It is further submitted that the allegation levelled against the petitioner in the complaint petition also does not disclose any specific role played by this petitioner. In support of his contention learned counsel has filed supplementary affidavit annexing the relevant photo copy of the order -sheet of the aforesaid murder case, its charge -sheet and the copy of the relevant entry in the case diary.