DEO NARAYAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two application under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have been filed challenging the order dated 15th March, 2013 passed by the learned Judicial Magistrate 1st Class, Danapur, Patna in Complaint Case No. 1258(C) of 2012 whereby, finding a prima facie case to be made out for the offences under Sections 323 and 379 of the Indian Penal Code, cognizance has been taken and summons have been issued against the petitioners of both the cases and one more accused named in the complaint petition.

(2.) According to the complainant, on 4th Nov., 2012 at about 5.00 p.m. while the complainant was supervising the construction work of his house, the petitioners and 15-20 unknown persons came there and on the point of pistol they took out money from the pocket of the complainant. They also assaulted him causing injury on his person. They damaged the property and took away 80 bags of cement, iron rod and other articles. The complainant further alleged that due to the injuries caused on his person, he was taken to a doctor for treatment. He had severe bodyache and the doctor provided him medical treatment.

(3.) It is submitted by the learned counsel for the petitioners that the entire case of the complainant is false and concocted. He submitted that there are several inconsistencies and contradictions in the statement of the witnesses examined in course of inquiry. Even the doctor, who is alleged to have treated the complainant, was not examined and no medical report in support of any treatment given to the complainant was filed before the Magistrate during inquiry.