IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13866 of 2008 RAMJI PRASAD,son of Late Ram Janam Singh, resident of village Narayanpur, P.S.Koelwier, Bhojpur at Ara. …Petitioner Versus 1. THE STATE OF BIHAR 2. Bhola Saw …opposite parties ----------- 03. 09.07.2010 Heard both sides. Petitioner seeks to challenge the order dated 27.07.2007, passed by the learned Judicial Magistrate 1st class, Jamui in Complaint Case No.338-C/2005, whereby on a perusal of the complaint and the materials brought on record in course of enquiry it has been found that a prima facie case has been made out against the petitioner under sections 147,323,504,385,379 and 341 IPC. and cognizance has been taken thereunder. The complainant lodged the complaint with the following allegations: ‘“ tgkWa eqnky; igys ls Fkkuk ij cSBk gqvk Fkk vkSj l0 v0 fu0 jketh izlkn ls ckr&phr dj jgk Fkk] tks 144 na0 iz0 la0 ds vuqlka/kud Fks tc eqnbZ us lkjh ckr mUgsa crk;s rks Jhjketh izlkn l0 v0 fu0 [kSjk Fkkuk us mYVs eqnky;x.k ds dgus ij eqnbZ dks xye xkyh fd;k yIiM&FkIiM ls ekj ihV fd;k vkSj Fkkuk gktr esa cUn dj fn;k vkSj dgk dh ,slk & ,slk dksVZ dk vkMZj esjs ikl cgqr vkrs jgrk gS igys 5000@&:i;k nks rc rqedks NksMsaxs A rc eqnbZ dk HkkbZ ysygw lko ?kj tkdj 5000@&:i;k dk O;oLFkk dj ykdj Jhjketh izlkn l0 v0 fu0 dks fn;k rc ”kke esa eqnbZ dks NksM fn;k vkSj /kedh fn;k fd rqeyksx vkil esa esy feyki dj yks ugha rks ge fdlh Hkh eqdnek esa Qlk dj rqedks tsy Hkst nsaxs A ” - 2 - In course of enquiry, the complainant and the witnesses examined on his behalf have supported the allegations. Learned counsel for the petitioner, while assailing the sustainability of the order submits that the petitioner is a Sub- Inspector of Police and was required to submit a report which was called for from the learned court in connection with the present complaint. It is next contended that proceeding under section 144 Cr.P.C. between the complainant and first set of the accused persons who are agnate was pending and the petitioner was required to submit a report thereon. It is thus contended that the allegations are actuated with malice in order to exert undue pressure on him. It is next contended that having regard to the allegations levelled against him, sanction was required to be obtained which has not been taken. Learned APP, on the other hand, opposes the application and states that considering the allegations levelled against the petitioner, it cannot be said that at the relevant point of time he was acting in discharge of his official duty. Learned APP further submits that considering the scope of jurisdiction which the learned Magistrate has exercised the order cannot be said to be unjust and/or improper. It has been recorded therein that on perusal of the materials available on record a prima facie case justifying cognizance has been made out. I have considered the submissions advanced on behalf of the parties . This Court finds force in the submission of - 3 - learned APP. There is no merit in this application justifying any interference with the impugned order. The application is accordingly dismissed. hr ( Kishore K. Mandal )