NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite parties no. 2 to 6.

(2.) The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for the following relief: "That the present application is being filed for quashing of order dated 07.08.2014 passed by Ad hoc Additional Sessions Judge, 4th Darbhanga in Cr. Revision No. 582 of 2013 whereby and whereunder he has pleased to set aside the order of the learned Shri V.K. Pandey, J.M., 1st Class, Darbhanga dated 19.07.2013 passed in C.R. No. 219/12 Trial No. 4215/2013 for found prima facie case against five named accused persons after holding inquiry u/s 202 of the Code of Criminal Procedure."

(3.) As per the complaint, the accused are said to have come on the land of the petitioner, who is the complainant, and were forcibly erecting boundary wall which he objected and the opposite party no. 2 is said to have taken Rs. 1700/- from the shirt of the complainant and the opposite party no. 3 is said to have torn the shirt worth Rs. 400/-. Upon enquiry and recording the statement of witnesses, the Court by order dated 19.07.2013 took cognizance under Sections 323, 504 and 420 of the Indian Penal Code and directed for issuance of summons against the accused.