MAKHAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dated 8-1-1983 whereby the learned Chief Judicial Magistrate has taken cognizance against the petitioners under Ss.352 and 506 of the Indian Penal Code (in short 'the Penal Code').

(2.) The facts, in short, giving rise to this application are that opposite party 2 who is the Sarpanch of Ubchudia Gram Panchayat, sent a written complaint to the Chief Judicial Magistrate, Dhanbad alleging, interalia, that on 29-9-1982 at about 8.30 a.m. the petitioners committed contempt of Court of Gram Kutchery by abusing and using physical force. It was further alleged that on 6-9-1982 one Vijay Bauri had filed a case in the Gram Kutchery against some of the petitioners, namely, Makhan Mandal, petitioner 1, Sahdeo Mandal, petitioner 2, R.N. Mandal, petitioner 4 and Rahan Mandal, petitioner 7 under Ss.323 and 379 of the Penal Code and the above named petitioners were summoned to appear in the Gram Kutchery, but they did not appear and as such warrant of arrest was issued against them.

(3.) It was further alleged that on 29-9-1982 at about 7.00 a.m. the Chief Officer of the said Panchayat and Bhola Das, the Chief Officer of Udaipur Gram Panchayat along with two volunteers were going to execute the warrant of arrest and when they reached near Basta Badi Tola, they saw the petitioner 1 who came there with his men and threatened and abused the members of the Bench of the Gram Kutchery and he was also demanding back the bi-cycle. The matter was reported to the Police but since the Police did not take any action, the complaint was filed in the Court.