MADHUSUDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for setting aside the proceedings of a case bearing Mojahidpur (Babarganj) P.S. Case No. 200 of 2016, whereby the informant is stated to have falsely and maliciously implicated the petitioners under Sections 148, 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code and sections 3(x) (xv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. It is further prayed to direct the authorities to investigate the aforesaid case properly and take action against those who are responsible for fabricating false evidence and initiating illegal criminal proceedings against the petitioners.

(2.) The brief facts of the case are that a case bearing Mojahidpur (Babarganj) P.S. Case No. 200 of 2016 appears to have been registered on 07.11.2016 on the basis of a written report of the informant namely Dasarath Paswan (respondent no.6 herein) before the Officer-in-charge, Babargabh Police Station, Bhagalpur, wherein it has been alleged that on 07.11.2016 at about 9 AM in the morning, his son Sagar Paswan was eating food in his house and when he had got up and was washing his hands, the accused persons including the petitioners herein had come inside the house whereafter, they had caught hold of the son of the informant and had dragged him out of the house, while assaulting him repeatedly by means of sticks, hockey stick and butt of the gun, resulting in the son of the informant receiving grievous injuries on his head, hands and legs, whereupon the son of the informant is stated to have fallen down on the ground and had become unconscious. It is further alleged by the informant that the said accused persons had tried to implicate his son in a bomb incident by forcibly keeping cracker bomb in the pocket of his son. It is also alleged by the informant that the said accused persons had threatened that they would not let any person from the Paswan community live in the said mohalla (area).

(3.) The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and the said case is a counter case in retaliation to a case filed by the petitioner no. 1 against the son of the informant and other accused persons of the said case bearing Mujabidpur (Babarganj) P.S. Case No. 199 of 2016 dated 07.11. 2016. It is submitted that the present case arises out of the prevailing animosity in between the petitioners, his son and the informant of the present case and the petitioners have been falsely and maliciously implicated in a false case, only on account of vengeance and are undergoing extreme trauma and agony. It is further submitted that admittedly, the son of the informant had indulged in throwing bombs at the petitioners on account of the resentment being harboured by him as against the petitioners herein and it is apparent from the CCTV footage installed at the place of occurrence that the son of the informant had hurdled bombs at the petitioners. Lastly, it is submitted that a bare perusal of the FIR would show that no offence as alleged, is made out as against the petitioners herein, hence, it is submitted that the instant prosecution case, being fictitious in nature, is fit to be quashed.