ISHRAT KHATOON @ ISHRAT PRAVEEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

(2.) The petitioners, in the present case, are seeking quashing of the order dated 12.11.2014 passed by learned Sessions Judge, Begusarai in Criminal Revision No. 300/2014, whereby the learned Sessions Judge, Begusarai has dismissed the Revision Application and refused to set aside the order dated 08.07.2014 passed by Sri R.R. Raman, learned Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 2040C/2013 filed on 13.09.2013. The learned Judicial Magistrate, 1st Class, Begusarai has taken cognizance of the offences under Section 323, 379 and 504 of the Indian Penal Code.

(3.) Learned counsel for the petitioners has filed a supplementary affidavit enclosing therewith the deposition of witnesses produced by the complainant, the same has been taken on the record. Learned counsel submits that the complainant and accused persons are close agnates and have certain land disputes. It is because of the said land dispute, the complainant, in the present case, has filed one after another four complaint cases including the present case in span of 10 days. Besides the present case, petitioner no. 1 has been made an accused in three cases i.e. Complaint Case No. 2128C/2013, 2069C/2013 and 2098C/2013, whereas the petitioner no. 2 has been made accused in Complaint Case no. 2069C/2013 and Birpur P.S. Case No. 763/2013. Petitioner no. 3 has been made an accused in Complaint Case No. 2069C/2013. Learned counsel has produced a web copy of the order dated 21.05.2015 passed by a co-ordinate Bench of this court in Criminal Miscellaneous No. 50778/2014, by which the entire proceeding against all the accused persons including the order of cognizance dated 18.11.2014 passed by learned Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 2128C/2013 has been set aside.