DALJEET SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, for quashing the order, dated 23 -9 -1983 passed in Complaint Case No. 35 of 1983/T.K. No. 1331 of 1983, by which the learned Sub -divisional Magistrate, Bermo at Tenughat took cognizance of the offence under Section 323 of the Indian Penal Code against the petitioner and another.

(2.) The facts giving rise to this application may be summarised in this way. A complaint was filed by opposite party No. 2 -Pashupati Nath Singh against the petitioner and another for having committed an offence under Sections 147, 323, 324 and 500 of the Indian Penal Code, stating inter alia, that on 22 -2 -1983 at about 2.15 p. m. the opposite party No. 2 who was Vice President of the Labour Union, Gomia, was called by the petitioner and another officer, and as soon as he entered in their office room, be was abused by them. On hearing this, four witnesses also came and asked about the cause of abusing, when the petitioner and his associates assaulted one Kashi Kumar with fists and slaps and pushed him out of the door way. It is also said that the other colleagues of the petitioner, who had a paper -cutting knife, inflicted a blow on the opposite party (complainant), but as he resisted it by his hand, he sustained some injuries on his finger.

(3.) The matter was reported to the police, but no action was taken, whereupon, a regular complaint was filed. The learned Magistrate after examining the complaint -opposite party and his witnesses, passed the impugned order after cancelling the jurisdiction of the local Gram Kutchery on the ground that the Sarpanch Atukhiya were employee of the company. Against that, the present application has been filed.