RAMA KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal prosecution and the order of taking cognizance, dated 5.1.1987 passed by Sri S.S.P. Verma, Sub -Divisional Judicial Magistrate, Lohardagga, whereby and whereunder he has taken cognizance of the offence under Section 323 of the Indian Penal Code against the petitioner in the following circumstances:

(2.) It appears that the opposite party No. 2 Hari Narain Prasad had sent a letter to the Prime Minister, consequent upon that, an enquiry was made by the petitioner on 18.12.1985 along with the Deputy Director of Mines, It appears that during the course of enquiry at village Hisri Name Toli, P.S. Kiko the complainant -opposite party No. 2 had pointed cut that due to mining operation, fertile lands became barren and this statement of the complainant enraged the Inspector of Mines who asked him to keep quiet and thereafter some altercation developed and it is further alleged that this petitioner had caught his neck by his both hands. The complaint was rescued by officers present there.

(3.) With the aforesaid allegation, the complainant lodged a first information report before the police. The police after enquiry submitted final form stating that the case was untrue but the learned Sub -Divisional Judicial Magistrate, did not accept the final report and took cognizance of the offence under Section 323 I.P.C. and this order of the learned Sub -Divisional Judicial Magistrate, taking cognizance is being assailed of in this application.