Kanchan Devi And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9270 of 2015 Arising Out of PS.Case No. -249 Year- 2011 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================
1. Kanchan Devi wife of Late Raghu Nath Roy
2. Seema Devi wife of Dhurub Nath Roy
3. Renu Devi wife of Suraj Nath Roy All are residents of Mohalla- Pakri, P.S.- Nawada Arrah, District- Bhojpur .... .... Petitioners
Versus
1. The State of Bihar
2. Dr. Jitendra Shukla son of Late Jagdish Shukla, resident of MohallaMaharana Pratap Nagar, Police Station- Arrah Nawada, District- Bhojpur .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Girish Chandra Jha Mr. Kumar Gautam For the State : Mr. Ajay Kumar (App) For O.P. No. 2 : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-12-2017 Heard learned Counsel for the petitioners as well as the learned Counsel for the State. No one appears on behalf of the Opposite party No. 2.
The petitioners seek quashing of the cognizance order dated 8.5.2013 passed by the Judicial Magistrate, lst Class, Ara in Complaint Case No. 249 (C) of 2011, thereby taking cognizance of the offence under Sections 147, 323 and 504 of the IPC.
The prosecution case in brief is that the accused persons were trying to encroach the rasta which stands by the side of the house of Krishna Sharan Mishra. When Krishna Sharan Mishra objected then all the accused persons started abusing and chasing him in order to
Patna High Court Cr.Misc. No.9270 of 2015 (3) dt.06-12-2017 assault. The complainant also intervened, so the accused persons also chased him and entered into his house, assaulted him and other female inmates of the house, committed theft. He informed the police but the police made attempt for compromise and the case was not registered. Learned Counsel for the petitioners submits that all the petitioners are ladies. There is no specific allegation against them in the complaint making allegation of committing any specific overt act. Even the complainant on S/A and other enquiry witnesses have not made any statement with regard to these petitioners of committing any assault or abusing the complainant, besides this Krishna Sharan Mishra was also not examined.
So the genesis of the of the occurrence that the accused persons first tried to assault and all the accused persons encroached upon the land used as rasta by the local people. It is also submitted that one of the accused has lodged FIR on 21.2.2011 against the complainant and Krishna Sharan Mishra with regard to the same dispute and the present complaint case was filed on 24.2.2011,though the alleged date of occurrence is said to be 3.2.2011. Learned Counsel appearing on behalf of the State submits that these accused persons are also named in the complaint.
Patna High Court Cr.Misc. No.9270 of 2015 (3) dt.06-12-2017 complaint, there is no material against them showing any prima facie offence being made out against petitioners.
So, the entire criminal proceeding of Complaint Case No. 249(C) of 2011 inclusive of the cognizance order dated 8.5.2013 pending in the court of Judicial Magistrate, lst Class, Ara only with respect to these petitioners is hereby set aside. The application stands allowed.
(Arun Kumar, J.) Snkumar/- U T