JAMUNA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an unfortunate case with regard to an occurrence which is alleged to have taken place on the 27th of January, 1973, and which has not yet proceeded beyond its preliminary wrangles.

(2.) Opposite Party No. 2, Prahalad Sah, who, it is stated, is related to all the petitioners, ten in number, belong to the same family. He lodged a first information report against the petitioners charging them of offences under Sections 147,148,149,448,324 and 379 of the Indian Penal Code. On this report, the police instituted lakhisarai P. S. Case No. 14 (1) 73, and after investigation a final report on 7th of March, 1973. Thereafter on 18th of August, 1973, opposite Party No. 2 filed a complaint petition before the Sub-Divisional Magistrate, Lakhisarai, on which the following order was passed on 20th of August, 1973: Informant files hazri. Accused persons are represented through their lawyers. Heard the learned lawyer. Put up in the afternoon for orders. I have gone through the record. Let the matter be enquired into by Shri B. Baitha, Magistrate and submit his report within the next date fixed. To 20-9-73. On receipt of the report, the Sub-Divisional Magistrate on 24th of December, 1.973, took cognizance for the offence under Sections 147,148,324 and 448 of the Indian Penal Code, 1860 and transferred the case to another Magistrate for disposal. Thereafter the transferee Court issued processes against the petitioners.

(3.) The petitioners filed Criminal Miscellaneous No. 342 of 1974 in this Court challenging the cognizance taken against them on 24th of December, 1973, as well as the processes issued against them. By a judgment dated 1st of July, 1974, passed in Cr. Misc. No. 342, of 1974, the order dated 24th of December, 1973, as well as the order issuing processes against the petitioners was set aside and the case remitted to the Court below for examining the complainant on solemn affirmation. I shall refer in further details to this order a little later.