Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54055 of 2007 =========================================================== 1. Mahatam Singh S/o late Chhedi Singh 2. Arun Kishore Singh S/o Mahatam Singh, both are residents of village Chandui, P.S. Kudra, District Kaimur, Bhabua .... .... Petitioner/s Versus 1. The State of Bihar 2. Rameshwar Singh S/o late Sulkshan Singh, resident of village Tipa, P.S. Navhatta, District Rohtas .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Kapildeo Singh, Advocate For the State : Mr. J.K. Singh, A.P.P. For Opposite Party No.2 : None =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date:
20. 08-2013 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 6.10.2007 passed by the Judicial Magistrate, 1st class, Sasaram in Complaint case No.108 of 2007 corresponding to Trial No.2241 of 2007. The case of the Complainant is that on the date of occurrence while he was returning to Sasaram, the accused persons allegedly pressurized him to withdraw the case of torture lodged by his daughter and then they variously assaulted him as also committed theft of his personal belongings. It appears that the Complainant is a regular litigant, who has filed four cases of more or less similar nature against a number of persons. Before the instant case the Petitioner No.1 had also filed Patna High Court Cr.Misc. No.54055 of 2007 dt.20-08-2013 2 Complaint case No.660 of 2006 under Sections 364A, 392 and 323 I.P.C. against the Complainant and others and it appears that on account of it by way of a counter blast the present case has been filed after eight days of the occurrence. Notices had been issued to the Opposite Party No.2, but despite service of notice he has chosen not to appear before this Court. Considering the background facts of the case and the nature of allegations against the Petitioners which were partly disbelieved by the Court below at the stage of cognizance, the application is allowed and the entire proceeding including the order dated 6.10.2007 passed by the Judicial Magistrate, 1st class, Sasaram in Complaint case No.108 of 2007 corresponding to Trial No.2241 of 2007 is hereby set aside. (Anjana Prakash, J) NAFR/Narendra/-