ASHOK KUMAR AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Mr. J.N. Thakur for the State.

(2.) The present application has been filed for quashing the order dated 10.02.2016, passed by learned Ist Assistant Sessions Judge cum-Ist A.C.J.M., Motihari, East Champar Sessions Trial No. 234 of 2014, arising out of Dumariaghat P.S. Case No. 46 of 2011, whereby petitioners? application for transferring the case to the Magistrate for trial under section 228(1)(a) of the Code of Criminal Procedure (hereinafter referred to as the "Code?) has been rejected.

(3.) On the basis of the written report dated 8.6.2011 of one Rajnath Pandey i.e., the informant, it was alleged therein that on 8.6.2011, there was marriage in the house of the informant and the family members were waiting for Barat, in the meantime, at 6 P.M., the accused persons named in the FIR and 50-60 persons including, the petitioners came variously armed. Petitioner no. 1 Ashok Yadav ordered for robbing the articles, upon which all the accused persons started assaulting the informant. The accused persons entered into the house of the informant and took away the articles kept for the occasion of marriage. The accused persons also resorted to firing and ultimately they snatched ornaments of the ladies. During the incident, ten persons received injury, which consequently led to registration of Dumariaghat P.S. Case No. 46 of 2011, under sections 147,148,149,341,323,324,307,380,452 and 504 of the IPC and section 27 of the Arms Act.