AWADB KISHORE SINBA Vs. STATE

JUDGEMENT

(1.) -This is an application under section 482 of the Code of Criminal Procedure, 1973 by the petitioner for quashing the order passed on 12.4.73 by the Chief Judicial Magistrate, Purnea taking cognizance against him for an offence under section 290 of the Indian Penal Code, on the complaint filed by the Offlcer-in-charge of Police Station, Sadar, Purnea.

(2.) It appears that the Officer-in-charge was reported by some of the people like Md. Ibrahim, Md. Sayeed, Md. Shafique, that the petitioner visited the house of one Asghar Munshi at 8.30 to 9 p. m. every night, parked his car in front of his house and stayed inside the house till late in ths female apartment of Asghar Munshi. The complaint was filed regarding one such visit which had taken place on 30.8 72. The allegation against the petitioner in the petition of complaint has been that for this type of visit by the petitioner the people of the mohalla were feeling ashamed and so it was prayed that action should be taken againit him under section 290 of the Indian Penal Code.

(3.) Section 268 of the Indian Penal Code which gives the definition of "public nuisance" reads as follows :-