BIPIN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing for opposite party no. 2.

(2.) The present application has been filed under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) for quashing of the order dated 13.06.2011, passed by learned Judicial Magistrate, 1st Class, Katihar in C.A. No. 1218/2010 whereby and whereunder cognizance has been taken against the petitioner under Sections 147, 448, 379, 354, 498, 504, 34 of the Indian Penal Code with further prayer to quash further proceedings arising out of the aforesaid complaint case.

(3.) The brief facts of the case is that opposite party no. 2 Chamni Devi filed a complaint before the court of learned Chief Judicial Magistrate, Katihar, alleging therein inter alia, that she is a poor lady and earns her livelihood working as a labourer. It is alleged that on 08.04.2010 at 12.00 P.M. the petitioners armed with weapons entered her house, abused her, destroyed her thatched house and on stopping them to do so they made her drink night soil and took Rs. 35,000.00. Petitioner nos. 1 and 3 tried to outrage her modesty and when her husband Krityanand Sharma and sons Bablu Sharma and Ashok Sharma came to the house in the courtyard, the petitioners badly assaulted them, as a result of which, her husband received injury on the neck but with the intervention of the villagers the life of her husband and sons were saved. The petitioners while fleeing away from the place of occurrence threatened them of dire consequences if police was informed.