MANORMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application Under Section 482 Cr.PC is directed against the order dated 7.12.1998 passed in Complaint Case No. 1092/98, whereby and whereuiider the learned SDJM, Giridih has taken cognizance Under Sections 147, 148, 149, 120B, 452, 323; 341, 342, 354, 380 and 384 IPC,

(2.) PROSECUTION case in brief is that opposite party -No. 2 (hereinafter referred to as the "complainant)" filed a complaint, petition, which was registered as Complaint Case No. 1092/98, stating inter alia therein that she runs a grocery shop and on 8.8.1995 at about 12 p.m. petitioners, who are accused in Complaint Case No. 1092/98, came, surrounded the shop and assaulted her and tried to take signatures of the complainant and her husband on a non - judicial stamp paper, for which a proceeding Under Section 107 Cr.PC was initiated and thereafter the complainant reported the matter to the different authorities alleging loss due to damages of the property. After S.A., as many as four witnesses were examined in an enquiry Under Section 202 Cr.PC and cognizance was taken.

(3.) ON the other hand, Mr. A.S. Dayal, learned counsel for the opposite party - complainant, submitted that the Complaint Case No. 495/95 has not been disposed of on merit after trial and, therefore, on the same facts and materials another case can be lodged and there is no bar to lodging of the case on the same facts and materials. The learned counsel further pointed out that in an enquiry Under Section 202 Cr. PC witness Nos. 1 and 2 have levelled direct allegations against the petitioners of holding the hair of the complainant and dragging her out. So there is specific allegation against these petitioners and after a proper enquiry in -the matter cognizance in the case has been taken.