MURARI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, 1973 has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 25.09.2013, passed by Additional Sessions Judge 1st, Darbhanga in Cr. Revision No. 187 of 2013 and also for quashing the order dated 05.05.2012 passed by Sri S.Q.H. Rizvi, Judicial Magistrate 1st Class, Darbhanba in Misc. No. 112 of 2011/C.R. No. 954 of 2011 whereby cognizance has been taken against the petitioner for the offences under section 323, 504 of the Indian Penal Code.

(3.) The contention of the learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. It is further submitted that the present case is nothing but the counter blast of Baheri P.S. Case No. 138 of 2011 (Annexure-2) lodged by the wife of the present petitioner against the complainant of the present case. The dispute is purely civil in nature. Witnesses have given contradictory statement. Learned counsel has placed reliance on the judgments of this Court reported in 2010 (2) PCCR 201 and 2010 (1) B.B.C.J. 616.