Criminal Miscellaneous No.6113 of 1999 ---------- In the matter of an application under Section 482 of the Code of Criminal Procedure ---------- 1. RAM KISHORE SINGH, SON OF LATE SANJEEVAN SINGH, ELECTRIC WORKS DIVISION, SOUTH BAILEY ROAD, PATNA. 2. BIRENDRA SINGH, CHOWKIDAR, ELECTRIC WORKS DIVISION, SOUTH BAILEY ROAD, PATNA. 3. PRASHANT KUMAR SINHA, LABOURER, ELECTRIC WORKS SECTION PATNA BARH, SOUTH BAILEY ROAD, PATNA. 4. DINESHWAR, LABOURER, RAJ BHAWAN SECTION, ELECTRIC WORKS DIVISION, SOUTH BAILEY ROAD, PATNA. (Accused persons in the Court below) …. Petitioners Versus 1. THE STATE OF BIHAR. 2. DEVENDRA KUMAR SINGH, SON OF SHRI AWADH NARAIN SINGH, RESIDENT OF MOHALLA C/29, KANKARBAGH, P.S. KANKARBAGH, TOWN AND DISTRICT- PATNA. (Complainant in the Court below) …. Opposite Party ------------ For the Petitioners : Mr. Ajay Kumar Sinha, Advocate Mr. Rajesh Kumar, Advocate For the State : Mr. Ganesh Prasad Jaiswal, A.P.P. ------------ P R E S E N T THE HON'BLE THE CHIEF JUSTICE R.M. Doshit, CJ. This application under Section 482 Cr.P.C. has been filed by the accused in Complaint Case No. 78(C) of 1997 pending in the Court of Chief Judicial Magistrate, Patna. 2. It is the case of the complainant that he is the General Secretary of Bihar Rajya Vidyut Karya Bibhag Karamchari Sangh. On 15th January, 1997 the accused and four other persons assaulted - 2 - the complainant and others. The accused were armed with pistol, revolver and sickle. The accused had thus committed offence punishable under Section 323 I.P.C. etc. 3. Feeling aggrieved the accused have filed this application under Section 482 Cr.P.C. for quashing the complaint and the cognizance taken by the Chief Judicial Magistrate. 4. Mr. Ajay Kumar Sinha, learned counsel has appeared for the petitioners. He has submitted that the incidence in question occurred on account of union rivalry. In a complaint lodged by the present petitioners, the accused persons, the respondents have now been convicted. The present complaint was made in retaliation to the complaint lodged by the petitioners. 5. Be that as it may, the complaint made by the opposite parties does make out offence punishable under Section 323 I.P.C. etc. The accused will have to face the trial. 6. For the aforesaid reasons the petition is dismissed. Interim stay stands vacated. (R.M. Doshit, CJ) The Patna High Court The 23rd June, 2010. NAFR Pawan/-