NAGENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and also learned Counsel, for opposite party Nos. 2 to 5.

(2.) THIS revision applciation is directed against the order dated 5.4.1991 passed in Criminal Revision 173/91 by the learned Sessions Jduge, Sitamarhi dismissing the complaint filed by the petitioner as not maintainable.

(3.) IT appears that the petitioner has lodged first information report on 10.6.1989 against the members of the opposite parties alleging therein, inter alia, that members of the opposite parites variously armed with danda, lathi and gun came to his Khalihan and assaulted him and thereafter entered into Baithaka and took away various articles worth Rs. 3,750/ -. On hulla, the villagers arrived there and the accused persons fled away. On the basis of the first information report, Dumra P.S. Case No. 0116/89 was registered under Sections 147, 452, 380, 341 and 323/34 of the Indian Penal Code. The police after investigation submitted final report and also submitted report for prosecution of the informant under Sections 182 and 211 of the Indian Penal Code. It also appears that in course of investigation, a protest petition was filed by the petitioner but final report was accepted on 23.3.90 and the learned Magistrate proceeded with the protest petition and the same was fixed for appearance of the petitioner on 12.4.90. For non -appearance of the petitioner on 12.4.90, the protest petition was dismissed. The petitioner thereafter filed a fresh complaint petition on 19.4.90. The learned Magistrate proceeded on the basis of the complaint petition filed by the petitioner and after holding due inquiry under Section 202 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C.') issued processes against the accused persons under Sections 204, Cr.P.C. The accused persons, however, challenged the order of issuance of processes against them by the learned Chief Judicial Magistrate before the learned Sessions Jduge giving rise to the impugned order.