KISHUN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.05.2013 passed by Sri Ashutosh Kumar, learned Judicial Magistrate, 1st Class, Bhojpur, Ara, in Complaint Case No. 09C of 2011 by which the learned Magistrate has dismissed the complaint petition under Section 203 Cr. P.C. filed by the petitioner.

(2.) The complainant has filed complaint before the court of learned Chief Judicial Magistrate, Bhojpur, Ara, alleging that on 31.12010 at 10:30 a.m. he had gone to Mohalla Gandhi Nagar near Katira and in the house only witnesses No. 1, 2 and 3 as mentioned in the complaint petition were present. All the accused persons started abusing his elder daughter-in-law and pushed her down. The complainant in the meantime arrived and saw the accused persons assaulting his daughter-in-law with leg, fist in the house and co-accused Harender Kumar Singh snatched golden chain of his daughter-in-law. It is also alleged that all these petitioners were having sharp weapons in their hands. They broke the door of eastern side of the house of the informant and took away valuable worth Rs.4, 000/-. It is also alleged that complainant and accused persons are co-sharer.

(3.) The learned Magistrate has after recording Solemn Affirmation of the complainant and statement of other witnesses, dismissed the complaint under Section 203 Cr. P.C. by order dated 18.09.2012. The petitioners preferred Criminal Revision 117 of 2012 which was allowed by learned Sessions Judge vide order dated 7.2.2013 by which the order passed by the learned Magistrate dated 18.09.2012 was set aside. The learned Magistrate was directed to proceed further in accordance with law.