Shashi Singh @ Shashi Sekhar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20944 of 2014 Arising Out of PS.Case No. -33 Year- 2012 Thana -SC SC PS District- VAISHALI(HAJIPUR) ====================================================== Shashi Singh @ Shashi Sekhar Son of Rajendra Prasad Singh Resident of Mohalla - Chandmari Road, Near Jagdamb College, Police Station - Mufassil (Chapra), District - Saran at Chapra .... .... Petitioner

Versus

1. The State of Bihar

2. Daroga Manjhi Son of Late Mohichan Manjhi Resident of Village - Jajuli, Police Station - Masrakh, District - Saran at Chapra .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Parijat Saurav Mr. Ram Binod Singh For the Opposite Party : Mr. Anil Kumar Tiwary For the State : Mr. Mushtaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-11-2017 Heard learned Counsel for the petitioner as well as the learned Counsel for the State as also the learned Counsel appearing on behalf of the Opposite party No. 2.

The petitioner seeks quashing of the order dated 18.07.2013 passed by the Judicial Magistrate, lst Class, Chapra in Hajipur (Vaishali) SC/ST PS Case No. 33 of 2012, thereby taking cognizance of the offence under Sections 341, 323, 406, 420, 504/34 of the IPC and Section 3(I)(X) of the SC/ST Act. The brief fact giving rise to the case is that the informant (Opposite party No. 2) purchased a tractor from the agency of the petitioner and paid Rs. 5,12,000/- in various installments but the papers relating to the tractor was not handed over. On 6.1.2012 the

Patna High Court Cr.Misc. No.20944 of 2014 (4) dt.15-11-2017 informant met the accused in the market and again demanded the tractor's paper then in presence of many persons in the market place petitioner abused naming his caste and assaulted with fists. Learned Counsel for the petitioner submits that the police after investigation has submitted charge-sheet but if entire allegation is taken into account no offence is disclosed. There is specific allegation that on account of making demand of papers of the newly purchased tractor by the informant from the petitioner, he was abused, assaulted and insulted by naming his caste in public view at market; so it is not that any offence prima facie is not disclosed in the allegation.

Hence, the application stands dismissed.

(Arun Kumar, J.) Snkumar/- U T