(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28 -2 -2004 passed by Judicial Magistrate, Hazaribagh in Complaint Case No. 646/2003, Corresponding to T.R. No. 1009/2004.
(2.) FACTS leading to the filing of this application are that on the date of occurrence i.e. on 29 -6 -2003 at about 9 AM opposite party No. 2 complainant was in his house along with his wife and children and at that moment the wife of the complainant was getting ready to go to the market and at that time all the accused persons, who are petitioners here, variously armed, entered into the house of the complainant and started assaulting the wife of the complainant and snatched away a golden chain worth of Rs. 8.000.00 and cash of Rs. 500.00 from the wife of the complainant. On this piece of allegation a complaint case was filed on 14 -7 -2003. Complainant was examined on SA on 16 -8 -2003 and enquiry was held under Sec.202, Cr. PC. and three witnesses were examined and all the witnesses sported the occurrence and on the basis of enquiry held under Section 202, Cr. P. C. learned Court of Judicial Magistrate took cognizance against the petitioners under Secs. 147,323,448 and 379, IPC.
(3.) ON the other hand, learned counsel for the complaint -opposite party No. 2 submitted that after due consideration of the allegations made in the complaint petition and after holding inquiry in the case and on the basis of the evidence of witnesses, cognizance in the case has been taken. It was further submitted that when on the basis of allegations in the complaint petition prima facie case is made out, the High Court has no jurisdiction to quash the proceeding and the High Court will not be justified in judging probability, reliability and genuineness of the allegation made and power to quash proceeding should be exercised only in extra -ordinary circumstances. In this connection, reliance was placed upon - - - - . It was further submitted that quashing of the complaint on the ground that the complainant disclosed commercial or money transaction is not justified, as cheating cases are committed in course of commercial or money transaction and, therefore, such case should not be quashed. In this connection, reliance was placed upon - - - - .