RAJESH KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed by the petitioner-Rajesh Kumar Tiwary for quashing the order dated 4.6.2009 passed by Sri N.B. Lal, Judicial Magistrate, Bhagalpur in Complaint Case No. 880/2008 by which and whereunder the learned Magistrate having found prima facie case under Sections 323 and 504 of the IPC ordered to issue summons upon the petitioner to procure his attendance for facing trial in the above stated case. I have already heard all the parties and in my view, this petition can be disposed off at the stage of admission itself.

(2.) The brief fact, which lies to file this quashing petition, is that opposite party no. 2, namely, Dr. Awadhesh Kumar Jha, filed Complaint Case No. 880/2008 in the Court of learned Chief Judicial Magistrate, Bhagalpur alleging therein that on 15.5.2008 at about 12 p.m, while he was examining his patients in his clinic-cum-residential house, the petitioner entered his clinic and asked to send Rs. 10,000/- using abusive language and when opposite party no. 2 made protest, the petitioner pointed out pistol upon him and also pulled his hand as a result of which opposite party no. 2 fell down from chair and sustained injury and the petitioner also took some photographs of the house and clinic of opposite party no. 2. The reason behind the alleged occurrence is said to be land dispute between opposite party no. 2 and one Raju Singh and the petitioner being police official in collusion with the aforesaid Raju Singh used to torture and threaten the opposite party no. 2.

(3.) The learned Chief Judicial Magistrate, Bhagalpur transferred the aforesaid complaint petition to the Court of Sri N.B. Lal, Judicial Magistrate for enquiry and trial and having conducted the enquiry the learned Judicial Magistrate passed the impugned order in the manner as stated above.