Patna High CourtCR. MISC./44540/2013dismissed

Md. Kausar And ANR. v. State Of Bihar And ANR

2017-05-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44540 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- EASTCHAMPARAN (MOTIHARI) ===========================================================

1. Md. Kausar, Son of Md. Kais, Resident of Village- Turkaulia, Tole Koraiya, P.S.- Turkaulia, District- East Champaran

2. Bashir Ahmad, Son of Md. Hassan Ansari, Resident of Village- Jhirwa, Police Station- Uchkagaon, District- Gopalganj .... .... Petitioners

Versus

1. The State of Bihar

2. Gopal Hazra Son of Late Dharichhan Hazara, Village- Turkaulia, Tole Koriaya, P.O. and P.S.- Turkaulia, District- East Champaran .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl. P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-05-2017 By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 06.02.2012 passed by the learned Chief Judicial Magistrate, Motihari by which finding a prima facie case to be made out for the offences under Sections 323, 504 of the Indian Penal Code and Section 3(1)(ii)(iii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioners

Patna High Court Cr.Misc. No.44540 of 2013 dt.04-05-2017 2 / 2 have been summoned to face trial.

2. It is contended on behalf of the petitioners that they have been falsely implicated in this case with ulterior motive as there exists a land dispute between the parties for which earlier also the complainant has instituted a complaint against the petitioners.

3. Be that as it may, regard being had to the fact that since the allegations made in the complaint do attract ingredients of the offence alleged and they have been supported by the complainant in his statement made on solemn affirmation and by the witnesses examined in course of inquiry, the order summoning the petitioners cannot be faulted with. At this stage, the defence of the petitioners cannot be made a ground to stifle a criminal proceeding.

4. Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2017 Transmission 09.05.2017 Date