JAI MANGAL PRASAD MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 282 of the Code of Criminal Procedure, 1973 (hereinafter called the Code). It is directed against the order dated 21-10-1982 passed by the Sub Divisional Judicial Magistrate, Sikarahana (Motihari), in Complaint No. 652 of 1981 holding that after an enquiry made under section 202 of the Code a prima facie case under sections 147, 148, 323, 324 and 447 of the Indian Penal Code was made out against the petitioners. He accordingly, took cognizance of the offence and transferred the case to the Court of Shri P.C. Sah, Judicial Magistrate, 1st Class, Sikarahana (Motihari) for trial, In the petition, a prayer has also been made for quashing the trial ordered to be held in pursuance of the aforesaid order.

(2.) In the petition the petitioners have contended that they have come to learn that a false case has been instituted against them by the complainant-opposite party No. 2 before the Sub. Divisional Judicial Magistrate, Sikarahana (Motihari) on 26-9-1981 making out various allegations against them. It was, alleged that petitioner no. 1 had given a knife blow on the neck of opposite party no. 2 and rest of the petitioners assaulted the complainant with lathies. It was further alleged that accused Nos. 6 and 7 (who are not the petitioners before this Court) took away stationary goods worth Rs. 350.

(3.) On 28-9-1981 the complainant was examined on solemn affirmation and an enquiry under section 202 of the Code was ordered. The witnesses were examined by the Magistrate taking cognizance of the offence and on being satisfied that a prima facie case against the petitioners was made out, he passed the impugned order taking cognizance of the offence.