KANT MANDAL SON OF KAILASH MANDAL AT PRESENT SUB-INSPECTOR Vs. STATE OF BIHAR AND SHAILENDRA KUMAR SHARMA SON OF RAMADHAR SHARMA

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 8.5.2001 passed by Sri R.P. Asthana, Judicial Magistrate, Aurangabad in Complaint Case No. C-295 of 2001, Trial No. 988 of 2001. By the said order, the learned Magistrate has taken cognizance of offence under Sections 147, 148, 323, 325, 504, 118, 120B, 153A/149 and also 307 of the Indian Penal Code, Section 27 of the Arms Act and under Sections 135 and 136A of the Representation of People Act.

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint on 26.4.2001 in the court of the learned Chief Judicial Magistrate, Aurangabad disclosing therein that on 23.4.2001 he was Polling Agent of one Bameshwar Sharma for the post of Mukhiya. It was further disclosed that the petitioner was deputed there as Sub-Inspector of Police and it was alleged that the petitioner assisted the members of M.C.C. with a view to capture the Booth. It has also been alleged that the petitioner has abused the complainant and thereafter he had assaulted him. Other several allegations have been levelled against the petitioner in the complaint petition with regard to capturing the Booth etc. by assisting other accused persons. It was alleged that the petitioner has unauthorisedly detained Opp. Party No. 2 and two other persons, arrested them and assaulted all the arrested persons. The complainant had alleged that Arms Guard and other persons had also indulged in the crime. After filing the complaint, the complainant was examined on SA. and in support of the complaint petition, some witnesses were examined at the enquiry stage and thereafter on 8.5.2001, the learned Magistrate took cognizance of offences against accused persons including the petitioner and summoned all the accused persons.

(3.) Aggrieved with the order of cognizance dated 8.5.2001, the petitioner approached this Court by way of filing the present petition and this petition was admitted on 17.1.2002. While admitting, it was directed that during the pendency of this application further proceeding, so far as it relates to the petitioner, in Complaint Case No. 295/2000 (Trial No. 988 of 2001) pending in the court of Sri R.P. Asthana, Judicial Magistrate, Aurangabad, shall remain stayed and order of stay is still continuing. At the time of admission itself, Opp. Party No. 2 had appeared through his counsel. However, at the time of hearing none has come forward in support of Opp.Party No. 2.