BALESHWAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner herein seeks for quashing of his criminal prosecution in Patliputra PS Case No. 150/91 under Sections 341, 323 and 353 of the Indian Penal Code including theorder taking cognizance dated 25-7- 1991.

(2.) As per allegations in the First Information Report on 17-7-1991 at about 8 p.m. ASI Kishuni Ram of Police Station Patliputra opposite party No. 2 accompanied Ali Ahmad, Nazir and other officials of Civil Court, Patna for delivery of possession of House No. 94 Patliputra Colony as ordered by Civil Court, Patna in Execution Case No. 4/87. While ASI alongwith other members of the party was present in the Verandah of the house, the petitioner came out of the house and on seeing the police party got infuriated. The ASI disclosed his identity and asked the petitioner to vacate the house as per the orders of the Court upon which the petitioner started calling him bad names and also caught hold of the ASI by the collar of his uniform. The petitioner also extended threats. However, in the meanwhile members of the Mobile Police Force came there with whose help the petitioner was arrested and taken to police station. It is, thus, alleged that the petitioner by catching hold of the collar of uniform and by brandishing his first obstructed the ASI in discharge of his official duties.

(3.) I have heard the learned Counsel for the parties and have perused the records with their assistance.