IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2151 of 2008 SUBHASH SRIVASTAVA @ SUBHASH CHANDRA SRIVASTAVA & ORS Versus THE STATE OF BIHAR & ANR ----------- 5 29.4.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the informant. The petitioners pray for quashing the order taking cognizance dated 11.12.2007 passed by the Judicial Magistrate, Gopalganj in Complaint Case No.1444 of 2007, whereby he has found a prima facie case against the petitioners under sections 323 and 379 of the Penal Code. It is alleged by the complainant that the accused persons did not make payment of cane price to him despite various assurances. It is further alleged that he was assaulted by the accused persons and his wrist watch and a sum of Rs.800/- was taken away by them. Counsel for the petitioners submits that in fact there was hardly any dues of the complainant in respect of cane supplied by him.He further submits that it would be too far fetched to assume that a Sr. Manager of the Sugar Mill would snatch wrist watch and Rs.800/- from the pocket of the complainant. It appears that the main allegation is attributed against the petitioner no.3 Ravindra Mishra. The complainant in his solemn affirmation stated that on 12.7.2007, the petitioner no.3 Ravindra Mishra had asked him to pay 4% commission amount and on his refusal to pay the same, he had snatched his wrist watch and a sum of 2 KHAN Rs.800/- from his pocket. In this view of the matter, a prima facie case under sections 379 and 323 of the Penal Code is made out against the petitioner no.3 Ravindra Mishra and as such the instant quashing application is dismissed as against him. So far as petitioner nos.1, 2 and 4 namely Subhash Srivastava @ Subhash Chandra Srivastava, Panicker @ P.R.S.Panicker and Sajjan Kumar Dalima respectively are concerned, the impugned order dated 11.12.2007 taking cognizance against them under sections 323 and 379 of the Penal Code is quashed. In the result, this application is partly allowed to the extent indicated above. (S.P.Singh,J)