NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order dated 5.9.2011 passed by the Judicial Magistrate, 1st Class, Dalsinghsarai, in C.R. No. 236 of 2011/T.R. No. 1697 of 2011 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offences under Sections 323, 504 and 379 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioners, learned counsel for the opposite party No. 2 and learned counsel for the State.

(3.) Learned counsel for the petitioners has submitted that initially, the complaint was sent to Police Station under Section 156(3) Cr. P.C. and police case was registered. The police after investigation, submitted Final Form stating that there is land dispute between the parties. The learned Magistrate proceeded in the case on the basis of protest petition, treating the same as complaint and by the impugned order dated 5.9.2011, has found prima facie case against the petitioners for the offence under Sections 323, 504 and 379 of the Indian Penal Code.