BHARTENDU SINGH @ BHARTENDU PD. SINGH S/O LATE RADHE KRISHNA SINGH RESIDENT OF VILLAGE BHAGWAN BIGHA, P.S. BEN, DISTRICT NALANDA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present application has been preferred by the petitioners for quashing the order dated 12.2.2013 passed by Smt. Sulekha Jha, Judicial Magistrate, 1st Class, Biharsharif, Nalanda by which after enquiry she has found a prima facie case against the petitioners under Sections 323 and 379/34 of the Indian Penal Code and ordered for issuance of processes against them.

(2.) Prosecution case, in short, is that opposite party No.2, Mukesh Kumar, has filed a petition of complaint before the Chief Judicial Magistrate, Biharsharif, Nalanda stating there in, inter alia, therein that at about 2 P.M. on 20.4.2011 while he was returning to house, after casting vote from the election booth the accused persons assaulted him and also snatched Rs.30,000.00 and when the villagers came the accused persons, including the petitioners fled away. It is also the case of the complainant that police in collusion with the accused persons came to his house and damaged his T.V. and on a false allegation sent him on jail on 21.4.2011 and after coming from jail he got himself treated in Ben hospital on 30.4.2011 and thereafter lodged the present case.

(3.) The aforesaid case was sent for enquiry and trial before the court of Smt. Sulekha Jha, Judicial Magistrate, 1st Class, Biharsharif, Nalanda but after enquiry under Sec. 202 Crimial P.C. finding a prima facie case against the petitioners under Sec. 323 and 379/34 Penal Code ordered for issuance of processes vide impugned order dated 12.2.2013 passed in Complaint Case No. 455(C) of 2011.