KISHORE KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings initiated against the petitioner including the order dated 13.11.2003 passed Complaint Case No. 302/2003.

(2.) FACTS giving rise to the filing of this application are that the opposite party No. 2 filed a complaint case being Complaint Case No. 302/2003 stating therein that all the accused persons, who are petitioners in this case, came armed with deadly weapons and plucked two bags of mangoes from the tree belonging to both the parties and when protest was made by the complainant opposite party No. 2 and his family members saying that shares belong to all the brothers and partition has not taken place so you do not pluck the mangoes, then petitioner Kishore Kumar Singh abused them and got down from the tree and assaulted the complainant with blunt portion of the gandasa and caused injuries and other accused persons have also assaulted the complainant and committed theft of golden chain, earrings, payal etc. and also committed theft of cycle and rahar and on the basis of this allegation the complainant -opposite party filed the aforesaid complaint case, in which the learned Court below, after holding enquiry under Section 202, Cr PC, took cognizance against the accused persons -petitioners.

(3.) ON the other hand, learned counsel of the complainant -opposite party submitted that after due enquiry cognizance in the case has been taken and further that filing of the complaint case by one of the petitioners leads to the conclusion that some occurrence has taken place and. therefore, cognizance does not require any interference.