BIRENDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (hereinafter to be called the Code) for quashing order dated 10-11-1982 passed by Shri H.C. Mittal, Chief Judicial Magistrate, Samastipur by which cognizance of offences under Sections 147, 323, 342/109 of the Indian Penal Code was taken and processes were issued against the petitioners. The case was thereafter transferred to the Court of Shri M.P. Shrivastava, Judicial Magistrate, 2nd Class, Samastipur for trial and disposal. Cognizance has been taken on the basis of the police report in Rosera P.S. Case NO. 76 of 1981 which had been registered as G.R. Case No. 870 of 1981.

(2.) One Brahamdeo Narain Singh has four sons, namely, Shashi Shekhar Prasad Sinha, Surya Shekhar Prasad Sinha. Indu Shekhar Prasad Sinha and Bindhu Shekhar Prasad Sinha, Petitioners 1 and 2 are sons of Shashi Shekhar Prasad Sinha and petitioners 3 and 4 are sons of Surya Shekher Prasad Sinha. Opposite Party No.2 is the son of 3rd brother Bindhu Shekhar Prasad Sinha. The parties thus come up from a common stock.

(3.) On 21st April 1981 at about 7 a.m. the petitioners besides Smt. Manni Singh, wife of petitioner No.1 and Smt. Krishna Kumari Devi mother of petitioners 1 and 2 had proclaimed at the Darwaza of Thakurji that they would put up Bhuskar and if any body objected, they would finish all, father as well as the sons. At about 11 a.m. on the same day all the accused persons armed themselves started putting up Bhuskar per force. On protest by the informant and his men, the accused assaulted them. After giving this report Devendra Narain Singh proceeded to the hospital to get the injured treated. On the basis of that report, the police instituted Rosera P.S. Case No. 76/81, as stated above. The case was instituted on 21-4-81. The chargesheet was submitted on 17-10-82. The learned Magistrate took cognizance of the offences on 10-11-1982 and issued processes against the petitioners.