RAGHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 22 accused of misc. Case No. 681c of 2000 have prayed for the quashing of order dated 20. 3. 2001 passed therein by the learned Sub-Divisional judicial Magistrate, Birpur, where under he has taken cognizance of offences under Sections 147/148/436/380/504, I. P. C. and under Sections 3/4 of the Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act as also for setting aside the order dated 31. 5. 2007 passed by the learned presiding Judge, Fast Track Court No. VI, saharsa, in Criminal Revision No. 31 of 2001 (S) whereby while dismissing the revision he has affirmed the order of the learned Magistrate.

(2.) BRIEFLY stated, the prosecution case is that one Banay Sada gave his fardbeyan at about 10 p. m. on the night of 28. 1. 1999 inter alia alleging that earlier that day around 4 p. m. all the 22 FIR named accused along with 20-22 unknown persons variously armed with lathi, bhala, musket and bombs came to his Mushahari Tola and having hurled abuses and resorted to blank firing they set fire to the phoos hut of the informant wherein he used to reside with his family members and took away two she goats worth Rs. 1,000. It has further been alleged that when the female folks of the neighbourhood arrived and laid protest the intruders fled away. The people of the neighbourhood made efforts and successfully doused the fire. The reasons for the occurrence is said to be a quarrel which had ensued three days earlier between Vinod yadav and Mandal Yadav over not buying clothes from the shop of the informant as also previous enmity.

(3.) ON the basis of the said fardbeyan raghopur P. S. Case No. 9 of 1999 under sections 147/148/436/380/504, I. P. C. and 27 arms Act was registered and the police after due investigation submitted a final form against all the accused persons on 29. 7. 2000 which was accepted by the learned sub-Divisional Judicial Magistrate, Birpur, on 7. 12. 2000. It appears that thereafter on 11. 12. 2000 a petition was filed by the informant in the Court of the learned sub-Divisional Judicial Magistrate, Birpur, with a prayer for proceeding against the petitioners of the instant case on the basis of threats advanced by them and to treat the protest petition filed before submissions of final form as complaint petition and accordingly the same having been numbered as 681-C of 2000 was taken up as a complaint case and after holding an inquiry under Section 202, Cr. P. C. cognizance, as stated above, was taken. Aggrieved thereby the petitioners accused preferred Criminal Revision no. 31 of 2001 (S) which too was dismissed.