HEM NATH OJHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both the applications are taken up together as they arise out of the same P.S. Case.

(2.) These applications under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 12.06.2014 passed by the Chief Judicial Magistrate, Gaya, in Civil Lines P.S. Case No.315 of 2012 (GR No.3391 of 2012) by which the learned Magistrate has taken cognizance against the Petitioners for the offence under Section(s) 341, 323, 504/34 Indian Penal Code.

(3.) The prosecution case, in short, is that on the date of occurrence drainage and street was being constructed in Mohalla of the Informant under scheme of PWD (NH). At about 8.00 AM, the Petitioners along with family members and other accused persons arrived there and stopped the construction of drainage. The Contractor, Engineer and other residents of Mohalla were also present there. They forbade the Petitioners and others from doing so. They tried to start construction work upon which, Laxman Ojha, started using filthy language. The resident of Mohalla came and tried to convince them. The Informant and officials of PWD also persuaded the Petitioners and his family members, then these Petitioners came to the house of the Informant and started breaking his door and also started abusing the female members of the house and gave threat to kill them by fire arm. It is also alleged that the accused persons assaulted the Informant with fist and slap. The Informant fell down and sustained injury in his right hand. He was saved by the neighbourers. Petitioner, Hem Nath Ojha, snatched Titan Watch and Laxuman Ojha took away Rs.1600/- from the pocket of the Informant. Mohalla people tried to catch hold the accused, but they managed to run away. The Informant has further alleged that he has filed Complaint Case against Hem Nath Ojha and others, which is at the final stage. It is alleged that these Petitioners have committed Maarpeet to put pressure upon the Complainant. The Informant received information from the Police Station that accused persons have also abused family members of neighbour Subodh. It is also alleged that wife of Hem Nath Ojha, his both daughters, Sidh nath Vaidya, his wife and daughter have also participated in the crime.