VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the complainant- opposite party no.2.

(2.) The petitioners in the present application filed under Section 482 of the Code of Criminal Procedure (for short 'the CrPC') seek quashing of the order dated 23.08.2012 passed by the learned Chief Judicial Magistrate, Hajipur, Vaishali in connection with Complaint Case No.139(C) of 2012 by which they have been summoned to face trial for the offences punishable under Sections 147, 323, 504 and 379 of the Indian Penal Code.

(3.) The short facts of the case are that the complainant Ranjit Singh filed a complaint on 16.01.2012 before the learned Chief Judicial Magistrate, Hajipur at Vaishali alleging therein that on 11.02.2012, at 9 p.m., while he was taking meal in his house with family members, all on a sudden, the accused persons came and expressed their desire to meet with his son Pankaj Singh and his wife Ranjita Devi. They conversed with Pankaj Singh for some time. Thereafter, they all being variously armed, abused and assaulted him and, when he protested, the accused Vijay Singh asked for key of the Godrej Almirah of Geeta Devi. When Geeta Devi refused, the accused Vijay Singh assaulted with Chura upon her, as a result, she sustained injury on her neck. It is further alleged that he snatched the key and after opening the Godrej Almirah took away Rs.45,000/- from it and handed over the same to accused Usha Devi. Thereafter, the accused Ranjita Devi snatched the golden chain worth Rs.30,000/- from the neck of the complainant and handed over the same to her brother Lekhraj Singh, which was handed over by Lekhraj Singh to the accused Bindu Devi. It has further been alleged that the accused Suman Singh, being armed with pistol, pointed it upon the complainant and uttered that if he dared to move, the whole family would be killed. Thereafter, he took away Rs.3000/- from the pocket of the shirt of the complainant. It is alleged that while leaving the place, they threatened the complainant not to institute any case. After the accused persons went away, the complainant took his wife Geeta Devi to a Government hospital at Hajipur, but since no doctor was available, he took her to a private clinic. Thereafter, he went to the police station, but the police refused to register FIR. Hence, a complaint was instituted in the court.