SWAPAN PATTNAYAK @ SAPAN PATNAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State, as also learned counsel for the opposite party No.2.

(2.) The petitioners have challenged the order dated 29.7.2005 passed by the learned Railway Judicial Magistrate, Madhupur, in P.C.R Case No.1 of 2005, whereby, the prima facie offence under Sections 323 & 379 / 34 of the Indian Penal Code has been found against the petitioners. The petitioners have also prayed for quashing the entire criminal proceeding in the said complaint case.

(3.) The complaint petition has been brought on record, which shows that there is allegation against the petitioners to have assaulted the complainant in a train and also to have snatched away his wrist watch, gold chain and cash, due to a quarrel which started for a seat. With these allegations, the complaint petition was filed. The statement of the complainant was recorded on solemn affirmation and the witnesses were also examined, on the basis of which, the prima facie offence under Sections 323 and 379 / 34 of the Indian Penal Code was found against the petitioners.