YASHWANT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dhanajay Kumar, learned counsel for the petitioner, Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State and Mr. Sunil Kumar, learned counsel for the informant/opposite party no. 2.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been filed for quashing the order dated 05.03.2013 passed by the learned Chief Judicial Magistrate, Samastipur in Misc. Case No. 5 of 2013, arising out of Patori P. S. Case No. 14 of 2012, corresponding to G.R. No. 165 of 2012 whereby the learned Chief Judicial Magistrate has withdrawn Patori Case No. 14 of 2012 from Gram Katchahry after cancelling its jurisdiction and has reviewed his earlier order of cognizance.

(3.) The aforementioned Patori P.S. Case No. 14 of 2012 was registered on the basis of the written report submitted by opposite party no. 2 Arvind Singh on 21.01.2012. In the written report, it was alleged that when the informant reached his house on 20.01.2012 at 7 p.m., he saw that the petitioner and other accused persons were abusing his mother and calling her to be a ain. When the informant protested, they assaulted him by fist. He has further alleged that one Mannu Singh picked up his mobile and one Mithilesh Singh took away Rs. 1400/- from his pocket. He has stated that on alarm, Ajit Singh and Hem Narayan Singh reached there and saw the incident. He has stated that he was taken to Primary Health Centre, Mohanpur for treatment. It is alleged that the accused persons threatened the informant/opposite party no. 2 and his mother in various ways. On the basis of the aforementioned written report of the informant, the first information report (for short 'FIR') was registered under Sections 341, 323, 504 and 506/34 of the Indian Penal Code (for short 'IPC').