LAWS(PAT)-2019-2-1

BACHCHAN SINGH @ BACHAN KUMAR Vs. STATE OF BIHAR

Decided On February 01, 2019
Bachchan Singh @ Bachan Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

(2.) The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1972 (hereinafter referred to as the 'Code') for the following relief:

(3.) The Court has taken cognizance against the petitioners on the basis of Protest-cum-Complaint Petition filed by the opposite party no. 2. Initially, the the opposite party no. 2 had filed Complaint Case No. 144 of 2008 on 14.02.2008 against the petitioners alleging that when he was constructing a Garage over his land, the petitioners came and assaulted the the opposite party no. 2 and other family members. The case was sent by the Court to the police for registering F.I.R. under Section 156(3) of the Code resulting in institution of Nawadah Town P.S. Case No. 359 of 2008. dated 11.11.2008. However, the police submitted final form on 14.12.2008 finding the allegations not true. Upon this, the opposite party no. 2 filed Protest-cum-Complaint Petition which was treated as Complaint Case No. 1109 of 2011, in which the Court after conducting inquiry under Section 202 of the Code has taken cognizance against the petitioners under Sections 379/427/323 of the Indian Penal Code , which is impugned in the present proceeding.