RAJ KISHOR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 2.7.2013 passed by the learned Chief Judicial Magistrate, Buxar, in Koran Sarai P.S. Case No. 31 of 2013, G.R. No. 920 of 2013, Trial No. 3283 of 2013, by which the learned Magistrate has taken cognizance against the petitioners and four other accused persons for the offences under Sections 341, 323 and 504/34 of the Indian Penal Code.

(2.) The informant alleged in the instant case that on the date of occurrence six accused persons including these petitioners were cutting palm (Bair) tree standing in the field of the informant with Tangi, Rama and Kudal. The informant after having heard the sound of cutting tree, went to the place of occurrence, and stopped the accused person who was cutting the tree in question. Thereafter, the accused persons started abusing her and also told her to go away from there. The accused persons had given threat to shoot her. It is further alleged that the accused persons also made firing. The accused Chandan Mishra @ Bhikhari Mishra (petitioner No.2) armed with katta came there and fired two shots. All the accused persons committed Mar-Pit with the informant, her mother-in-law and sister-in-law (Gotni).

(3.) Heard learned counsel for the petitioner and learned counsel for the State.