YADUNATH SINGH Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and counsel for the State.

(2.) The notice was issued to the opposite party no.2 and the office has also reported of service of notice upon him but, even then, the opposite party no.2 has preferred to remain absent. In this case, the petitioner is challenging the order taking cognizance dated 20.8.2011 passed by learned Judicial Magistrate, 1st Class cum IIIrd Additional Munsif, Bikramganj, Rohtas under Section 323, 379, 504/34 of the Indian Penal Code arising out of Complaint Case No. 67(C)/11/Tr. No. 1220/2015.

(3.) The petitioner, at the relevant time, was posted as Circle Officer, Dinara in the district of Rohtas. A petition was filed by the Complainant to the Sub-Divisional Officer, Bikramganj on 16.10.1998 for compliance of the order passed by this Court in C.W.J.C. No. 2290 of 1990. Again on 24.3.2009 and 2.2.2011, the Complainant went in the office of Circle Officer and gave petition but, the same was not taken by him rather the Complainant was threatened and abused. The Complainant gave petition against the Circle Officer, Dinara to S.D.O., Bikramganj and, thereafter, the Circle Officer became furious. On 5.2.2011, one Tej Narain Singh came and threatend the Complainant to withdraw the complaint against the Circle Officer.