Bigeshwar Pd. Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10432 of 2014 Arising out of PS. Case No.-870 Year- 2012 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================
1. Bigeshwar Pd. Singh S/o Ramdeo Mandal
2. Ajit Kumar @ Amit Kumar S/o Bigeswar Pd. Singh Resident of Village- Adarsh Gram Tikarampur Chandi Asthan, P.S- Moffasil, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Deodhar Mahto S/o Dhanik Mahto Resident of Village- Adarsh Gram Tikarampur Chandi Asthan, P.S- Moffasil, District- Munger. .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ram Bilash Matho, Advocate Mr. Manoj Kumar Singh, Advocate Mr. Chandan Kr. Verma, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2017 This is petition for quashing cognizance order dated 02.1.2013 passed by learned Judicial Magistrate, 1st Class, Munger in Complaint Case No. 870C of 2012. Learned Magistrate has taken cognizance under Section 323 and 427 I.P.C. Learned counsel appearing on behalf of the petitioners submits that there is no material for taking cognizance in this case. The complainant himself has not supported its case in his statement recorded under solemn affirmation even witness of the enquiry Gayatri Devi and Nisha Devi, have not stated that they were assaulted.
The learned counsel appearing on behalf of the State
Patna High Court Cr.Misc. No.10432 of 2014 (4) dt.16-01-2017 submits that the allegation is that the accused persons abused, assaulted and damaged the utensils. At the enquiry stage the complainant as well as enquiry witnesses have supported the allegation.
Having considered the rival submissions of both sides, on perusal of the record and materials on record, I find that there is no ground for interfering with the impugned order, as the allegations levelled in the complaint petition as well as the statement of the complainant on solemn affirmation and enquiry witnesses have supported the allegation of assault and mischief, so no ground is made out for setting aside the cognizance order. Accordingly this quashing petition is dismissed. (Arun Kumar, J) S.Sb/- U T