CHANDRAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is an application under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code ') for quashing the order dated 25.9.1998 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur, whereby he has taken cognizance for offences under sections 147, 148, 323 and 307 of the Indian Penal Code and section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act ') on a complaint petition filed by opposite party no.2 against the petitioners.

(3.) IT appears that the complainant was examined on solemn affirmation and thereafter in an inquiry under section 202 of the Code, three witnesses were examined including Dr.Ashok Kumar Singh, who opined that injury no.1, incised wound 3"x1/4" muscle deep just below neck left side, was dangerous to life caused by a weapon like Hasua and rest injuries were caused by hard and blunt substance and were simple in nature. After inquiry under section 202 of the Code, learned Chief Judicial Magistrate by the impugned order took cognizance as aforesaid and directed for issuing summons against the accused persons for appearance and commitment.