IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13117 of 2008 Lalbabu Paswan, son of Sri Kamal Paswan, resident of Village-Laxmi Narayanpur, Police Station-Guroul, District- Vaishali, at present Assistant Sub Inspector, Amdabad, Police Station-Amdabad, District-Katihar. …………………………………………………….Petitioner. Versus 1. The State Of Bihar. 2. Ram Sagun Mahto, son of Shiv Charan Mahto, resident of Village-Milky, Police Station-Kursela, District- Katihar. ………………………………………Opposite Parties. ---------------------------------- For the Petitioner : M/s. Rajendra Prasad Sah and Ratnakar Ambastha, Advocates. For the State : Mr. B.P. Singh, A.P.P. For the O.P. No.2 : M/s. P.K. Jaipuriyar and Anshuman Jaipuriyar, Advocates. ----------------------------------- O R D E R 5. 13.12.2011. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 30.3.2007 passed by the court of Sri Raman Kumar, Judicial Magistrate, First Class, Katihar, in Complaint Case No.1418 of 2005, summoning the accused, named in the complaint petition, including the petitioner, under Section 204 of the Code of Criminal Procedure, on 2 inquiry, finding prima facie case under Sections 323, 379, 452, 354 and 427 of the Indian Penal Code. 2. The brief facts, leading to this application, is that the complainant-opposite party no.2, Ram Sagun Mahto, filed the complaint petition, numbered as Complaint Case No.1418 of 2005 with the contention that the date of marriage of his daughter, Savitri Kumari, was fixed on 29.6.2005. Accused nos.1 and 2, Jai Singh Mahto and Jugeshwar Mahto, under the protection of the accused- petitioner, Lalbabu Paswan, used to commit the crime at various places. The accused no.1, Jai Singh Mahto, was annoyed with the complainant-opposite party no.2 as he had informed the police about keeping of the theft motorcycle at the house of Kamleshwari Mahto by him and, accordingly, the motorcycle was recovered from the house of Kamleshwari Mahto. The further case of the complainant- opposite party no.2 is that on 29.6.2005, he was preparing Mandap for the marriage of his daughter in his house. At that time, all the accused including the petitioner armed with lathi and knife came there and asked him as to why the information was given to the police about keeping of the theft motorcycle at the house of Kamleshwari Mahto and 3 they started to damage the Mandap. On protest by the complainant-opposite party no.2, at the direction of the accused-petitioner, Lalbabu Paswan, the other accused started to assault him through fists and slaps. At that time, the accused no.1, Jai Singh Mahto, on the order of the accused-petitioner, Lalbabu Paswan, caused injury at him through lathi. Thereafter, the accused no.2, Jugeshwar Mahto, caused injury at his forehead through knife and when the complainant-opposite party no.2, tried to rescue he received cut injury in the finger of the hand. The further case of the complainant-opposite party no.2 is that when his nephew and other female members came out from the house to save him, then they were also assaulted through fists and slaps. Accused no.2, Jugeshwar Mahto, assaulted Krishnadeo Mahto through lathi causing blood oozing injury on his head. When Balram Mahto, the nephew of the complainant-opposite party no.2, came in the Angan to make intervention, then he was also assaulted through fists and slaps by the accused persons. At that time, the accused no.1, Jai Singh Mahto, took Rs.2100/- from the pocket of the complainant-opposite party no.2 which was kept for arrangement of marriage function. The accused-petitioner, 4 Lalbabu Paswan, outraged the modesty by tearing the blouse of Jamanti Devi, daughter-in-law of the complainant- opposite party no.2 and snatched her silver necklace worth Rs.600/-. It is also alleged that at that time, Balram Mahto, the nephew of the complainant-opposite party no.2, was taken away by the accused for the purpose of kidnapping and the complainant-opposite party no.2 has no knowledge regarding his whereabouts. 3. After filing of the complaint petition by the complainant-opposite party no.2, Ram Sagun Mahto, on inquiry, the learned Magistrate, on perusal of the complaint petition, solemn affirmation of the complainant-opposite party no.2 and the statements of the witnesses, as examined in course of inquiry, summoned the accused, named in the complaint petition, including the petitioner finding prima facie case under Sections 323, 379, 452, 354 and 427 of the Indian Penal Code, through the impugned order 30.3.2007. 4. Learned counsel appearing on behalf of the petitioner submitted that on the alleged date of occurrence, i.e., 29.6.2005, the petitioner was posted as Assistant Sub Inspector of Police at Kursela Police Station, District- Katihar and on the said date, Kursela P.S. Case No.24 of 5 2005 under Sections 147, 447, 448, 341, 323, 380 and 504 of the Indian Penal Code at about 00.30 A.M. was instituted regarding the occurrence of 11.00 P.M., on the basis of the fardbeyan of accused no.2, Jugeshwar Mahto, against the complainant-opposite party no.2, Ram Sagun Mahto and others, which would appear from Annexure-‘2’ to this application. The Officer Incharge of the police station, in the aforesaid case, deputed the petitioner to investigate the case and, accordingly, the petitioner alongwith other police personnel proceeded for the alleged place of occurrence of village-Milki, making the entry in the Station Diary, which would appear from Annexures- ‘3’ and ‘4’ to this application, and apprehended the named accused, Balram Mahto, Deval Mahto, Raghunath Mahto, Krishnadeo Mahto and Balram Mahto and proceeded for Kursela Police Station, but in the way, the complainant-opposite party no.2 and others intercepted the petitioner and apprehended accused and created an alarming situation and facilitated to some apprehended accused to sneak away from the custody of the police party. The petitioner, on being returned to the police station, gave his self statement, on the basis of which, Kursela P.S. Case No.25 of 2005 was instituted on 29.6.05 6 against the accused persons including the complainant- opposite party no.2 of this case, which would appear from Annexure-‘5’ to this application. On investigation in Kursela P.S. Case No.25 of 2005, police submitted the chargesheet under Sections 147, 447, 448, 341, 323, 380 and 504 of the Indian Penal Code on 27.12.2005 against the accused persons including the complainant-opposite party no.2 of the present case. Therefore, due to the aforesaid reasons, the complainant-opposite party no.2, Ram Sagun Mahto, has filed the present complaint case with oblique motive for taking defence and to put undue pressure on the petitioner. 5. On the other hand, learned counsel for the complainant-opposite party no.2 submitted that the learned Magistrate on perusal of the complaint petition, solemn affirmation of the complainant-opposite party no.2 and the statements of the witnesses, as examined in course of inquiry, has rightly summoned the accused including the petitioner finding prima facie case under Sections 323, 379, 452, 354 and 427 of the Indian Penal Code through the impugned order dated 30.3.2007. 6. It appears from the complaint petition, 7 Annexure-‘1’ to this application, that the complainant- opposite party no.2 has made allegation about reaching the petitioner, who is Assistant Sub Inspector of Police of Kursela Police Station, alongwith the other accused, named in the complaint petition, at his house and causing hindrance in preparing the Mandap of the marriage of his daughter, abusing and assaulting him and his family members, outraging the modesty of his daughter-in-law and also snatching a silver necklace from her neck by the petitioner, Lalbabu Paswan. It appears from Annexure-‘2’ to this application that on the basis of the fardbeyan of the accused no.2, Jugeshwar Mahto, of the complaint petition of complainant-opposite party no.2, Kursela P.S. Case No.24 of 2005 was instituted on 29.6.2005 under Sections 147, 447, 448, 341, 323, 380 and 504 of the Indian Penal Code against the 13 accused including the complainant-opposite party no.2 and said case was handed over to the accused- petitioner for investigation. Annexure-‘4’ to this application also indicates that on 29.6.2005, the accused-petitioner alongwith other police personnels proceeded for the village- Milki, which is also the village of the complainant-opposite party no.2, for investigation and the accused, Balram Mahto, 8 was brought at the police station, who is said to be kidnapped in the complaint petition of the complainant- opposite party no.2. Annexure-‘5’ to this application shows that on the basis of the self statement of the accused- petitioner, Lalbabu Paswan, Kursela P.S. Case No.25 of 2005 was instituted on 29.6.2005, which is said to be the date of the alleged date of occurrence in the complaint petition of the complainant-opposite party no.2, against the 13 accused including the complainant-opposite party no.2 under Sections 147, 224, 225, and 353 of the Indian Penal Code. As such, the presence of the accused-petitioner at the house of the complainant-opposite party no.2 is not unwarranted, rather the accused-petitioner had gone for investigation of the case of Kursela P.S. Case No.24 of 2005 and the complaint case filed by the complainant-opposite party no.2 appears to be with oblique motive only with a view to take defence in Kursela P.S. Case No.25 of 2005 as lodged on the basis of the accused-petitioner causing hindrance and disturbance in discharge of his official duty and to put undue pressure. 7. Under the aforesaid facts and the circumstances, the impugned order dated 30.3.2007 passed by the court of 9 Sri Raman Kumar, Judicial Magistrate, First Class, Katihar, in Complaint Case No.1418 of 2005, summoning the petitioner appears to be an abuse of the process of the court. Accordingly, the impugned order dated 30.3.2007 passed by the court of Sri Raman Kumar, Judicial Magistrate, First Class, Katihar, in Complaint Case No.1418 of 2005, with respect to the petitioner, is hereby quashed and the application is allowed. P.S. (Rajendra Kumar Mishra, J)