LAWS(PAT)-2017-4-79

BINOD PRASAD @ BINOD SAH Vs. STATE OF BIHAR

Decided On April 21, 2017
Binod Prasad @ Binod Sah Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned APP for the State.

(2.) The present petition has been filed for quashing the order dated 30.08.2006 taking cognizance against the petitioners in Complaint Case No. 1292 (C) of 2005 for the offences under Sections 341, 323 and 379 of the Indian Penal Code.

(3.) The prosecution story, in short, is that the complainant-opposite party no. 2 was returning to his village Chiranjivipur and on reaching near the mosque of the said village, the petitioner nos. 1 and 2 with a view to put pressure upon the complainant to sell his land to them, started beating him with fists and slaps. Petitioner no. 1 took out Rs. 400/- from the pocket of the complainant, Petitioner no. 2 snatched his HMT wrist watch, and they issued threat that they would kill the complainant on failure to execute his land in their favour.