LALA KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 15.10.99 passed by Judicial Magistrate, Ist Class, Bermo at Tenughat in Complaint Case no. 215/99 corresponding to T.R.No. 979/99 whereby he took cognizance against the petitioners under sections 323/504/385/500 and 161 of the I.P.C.

(2.) Sri Ramautar Sharma, learned counsel appearing for the petitioners submit that from the allegation made in the complaint petition no offence under sections 323/504/385 and 504 of the I.P.C. is made out. He further submits that section 161 had already deleted from Indian Penal Code. Shri Sharma further submits that present complaint petition filed with an ulterior motive for wreaking vengeance on the petitioners, because they lodged a case against O.P.No. 2 for theft of electricity. Accordingly, it is submitted that impugned order can not be sustained.

(3.) Sri A.K.Sahani, learned counsel appearing for O.P.no.2 submits that the facts stated in the complaint petition, offence under section 504 of the I.P.C. is made out. Accordingly, he submits that no interference required by this court.