NAND KISHORE JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application field under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 29 -7 -1998 passed by the 2nd Addl. Sessions Judge, Saharsa in Cr. Revision No. 134 of 1997 by which he has set aside the order dated 31 -3 -1997 passed by the Sub -Divisional Judicial Magistrate, Saharsa, in Sonbarsa P.S. case No. 40 of 1995 and took cognizance of the offences punishable under Sections 147, 341, 323, 325, 307 and 504 of the Indian Penal Code against Opposite Party Nos. 2 to 8.

(2.) THE prosecution case, in brief, is that on 8 -6 -1995, the petitioner reported to the Sonbarsa police that his younger brother, namely, Ashwini Kumar Jha, was severely assaulted by the accused -persons including Opposite Party Nos. 2 to 8 who were armed with lethal weapons as well as fire -arms. It was further stated by the petitioner that his younger brother was dragged mercilessly to the house of the accused Gugal Yadav. The accused -persons continued assaulting the victim with lathi and forcibly took away a golden chain, golden ring and a wrist -watch of the victim Ashwini Kumar Jha. On the basis of the said report, a criminal case was registered for offences under Sections 147, 148, 341, 379 and 323 of the Indian Penal Code and under Section 27 of the Arms Act against the Opposite Party Nos. 2 to 8.

(3.) MR . A.S. Jha, learned Counsel appearing for the petitioner assailed the impugned order as being illegal and wholly without jurisdiction. Learned Counsel firstly submitted that the learned Addl. Sessions Judge failed to appreciate that the Magistrate is not debarred from taking cognizance of the offences on the basis of complaint or protest petition on same and similar allegations of fact. Learned Counsel submitted that the protest petition filed by the petitioner was supported by the statements of the witnesses including victim recorded under Section 164, Cr. P.C. and medical certificate along with injury report. Learned Counsel further submitted that the learned Sessions Judge has exceeded in exercise of his jurisdiction while quashing the order passed by the learned Magistrate taking cognizance of the offence. I find force in the submission of the learned Counsel.