Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.860 of 2012 ====================================================== Manju Devi, W/O Lalan Prasad, R/O Village-Bhojpur, P.S.Atri, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Chandra Yadav, son of Dhobi Yadav 3. Arjun Yadav, son of Dhobi Yadav. 4. Pappu Yadav, son of Chandra Yadav. 5. Dipu Yadav, son of Chandra Yadav. 6. Nawlesh Yadav, S/O Rameshwar Yadav. 7. Umesh Yadav, S/O Rameshwar Yadav. 8. Taro Yadav, S/O Rameshwar Yadav. 9. Rameshwar Yadav S/O Karu Yadav. 10. Onkar Yadav, S/O Rambaran Yadav. 11. Vijay Yadav, S/O Rambaran Yadav. 12. Surendra Yadav, S/O Prem Ydav. 13. Umesh Yadav S/O Sahdeo Yadav. 14. Umesh Yadav S/O Ruplal Yadav. 15. Rambaran Yadav, S/O Bailha Yadav. 16. Suchit Yadav, S/O Ramsharan Yadav. 17. Pramod Yadav, S/O Ramsharan Yadav. 18. Ramnandan Yadav, S/O Babuchand Yadav. 19. Uchit Yadav, S/O Ramnandan Yadav. 20. Shambhu Ydadav, S/O Tulshi Yadav. 21. Bhola Yadav, S/O Rameshwar Yadav. All are residents of Village-Bhojpur, P.S.-Atri, Distt.-Gaya. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar N. Jamuar For the Opposite Party/s : Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 2 27-01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is aggrieved by the order dated 1.8.2011 passed by the Chief Judicial Magistrate, Gaya in Atri P.S. Case No.30 of 2006 registered for the offences punishable under [STATUTE] whereby the learned Chief Judicial Magistrate has been pleased to accept the final report against all Patna High Court Cr.Misc. No.860 of 2012 (2) dt.27-01-2012 2 the persons filed by the Investigating Officer of the case as mistake of law. The learned court below while passing the order impugned has also observed that the petitioner has filed a protest-cum- complaint petition and which is on record and thus has directed that the matter be proceeded on the basis of the protest-cum-complaint petition filed on behalf of the informant. In view of the aforesaid position, no formal direction need be issued in the present proceeding and the application is disposed of reserving liberty to the petitioner to approach appropriate forum in case the petitioner is aggrieved by the order passed by the learned Chief Judicial Magistrate, Gaya on the protest-cum-complaint petition. As the protest-cum- complaint petition is in relation to an occurrence which took place in the year 2006, the learned court below would be well advised to consider and dispose of the same expeditiously. SKPathak/- (Jyoti Saran, J.)

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.