ANANDI PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 22-4-1978 passed by the Sub-divisional Judicial Magistrate, Danapur, by which he has committed Complaint Case No. 407-C of 1976 for trial by the Court of Session on the ground that the complaint case is a counter-case to the case already committed for trial to the Court of Session, and as such this case should also be committed to the Court of Session for trial.

(2.) The petitioners of this case stand charged under sections 379 and 323 of the Indian Penal Code. These charges were framed on 4-1-1977 by Shri S. K. Katriar, Judicial Magistrate, Danapur, in a case instituted on the basis of complaint filed by opposite party no. 2 on 10-8-1976. It has been stated that on 25-7-1976 while the complainant was going to get medicine for his ear-ache, he was suddenly surrounded by the petitioners, who were armed with lathi and dantas, and they assaulted him there and dragged him to their shop and assaulted him there also and snatched away Rs. 25 and a watch. The complainant went to the police station to lodge a first information report along with his father, where he was taken into custody. This complaint was lodged from jail.

(3.) On 25.7.1975 itself at about 11.45 a.m. petitioner no. 2 had lodged a first information report against the complainant and two others with Bihta Police Station, alleging commission of offence under sections 307/324/341 and 379 of the Indian Penal Code, and on the basis of that first information report, Bihta P. S. Case no. 16 (7) 76 was instituted against the complainant and others. It was alleged in that first information report that the informant (Petitioner no. 2, Ram Chandra Prasad Gupta) at about 11a.m. on 25.7. 1976 was sitting in his jewellery shop and while sitting there he learnt that his nephew Raj Kumar was being taken away from his Gaddi by opposite party no. 2, Mithilesh Singh, and two others and was being assaulted. He proceeded to the place after closing his shop, where he saw his nephew being assaulted, and when he tried to rescue his nephew, he was also assaulted. Opposite party no. 2 ordered to kill his nephew when the informant intervened. Co-accused Suresh Singh attempted to assault the informant with bhala on his chest, but the same missed and it hit on his forehead. The informant fell down as a result of his injuries and thereafter Akhilesh Singh assaulted him with Bakuli and the complainant-opposite party no. 2 removed Rs. 745/- and also the keys from the waist of the informant. Charge-sheet was submitted by the police in this case and after cognizance, ths case was committed for trial to the Court of Session.