RAJENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding of Complaint Case No.1862 of 2006 passed by the Judicial Magistrate, 1st Class, Dhanbad under Section 341/323/379 of I.P.C. as well as to quash the order dated 19.01.2008, whereby summons have been issued against the petitioners.

(2.) Heard learned counsel appearing for the petitioners, learned Addl.P.P. appearing for the State and learned senior counsel appearing for opposite party no.2.

(3.) The case of the complainant in a nutshell is that on 18.11.2006 at about 8:00 a.m., the accused persons advised the complainant to get the fetus of his wife aborted. The complainant did not agree for the same. Thereafter, the accused persons assaulted the complainant with slaps and committed theft of Rs.66,500/-(Rupees sixty six thousand five hundred). During enquiry, the complainant examined himself on solemn affirmation and stated that on 18.11.2006 at about 8:00 a.m., the occurrence took place wherein the accused persons came to his house and assaulted him and also committed theft of Rs.66,500/-(Rupees sixty six thousand five hundred) which was kept in the briefcase. The complainant also examined another witness in the enquiry. On perusal of the complaint, S.A. of the complainant and the statement of the enquiry witness, the learned Magistrate found prima facie case for the offences punishable under section 341, 323 and 379 of the Indian Penal Code and vide the impugned order dated 19.01.2008/ 21.01.2008 in C.P. Case No. 1862 of 2006, directed issuing of process against the accused persons on filing of the requisites by the complainant