SAMIM AHMAD ALIAS SAMIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State. None is present on behalf of opposite party No. 2 when the matter is called out despite having entered appearance.

(2.) THE petitioner seeks quashing of the order dated 13.8.2002 in Complaint Case No. C -437 of 2002 by which cognizance would have taken against him under Sections 427, 380 and 504 of the Penal Code as also the proceeding of the entire complaint case.

(3.) ALLEGING abuse of the process of law and that present complaint had been filed mala fide, learned counsel submits that said Saba Ahmad, the brother of the complainant, would be an accused in a case under Section 396 of the Penal Code registered as Belaganj P.S. Case No. 57 of 1986 (Session Trial No. 127 of 1999) pending before the 7th Additional Sessions Judge, Gaya who would have, on 30.6.2001, directed the Superintendent of Police, Gaya to arrest the absconding accused including the said Sabha Ahmad. In pursuance of the warrant of arrest issued on 30.6.2001 in Sessions Trial No. 127 of 1999 (arising out of Belaganj P.S. Case No. 57 of 1986) the petitioner would have entered the premises, in question, and arrested the said Saba Ahmad, as is apparent from the seizure -list at Annexure -5, on 7.5.2002 when the said Saba Ahmad would have been forwarded to custody on 8.5.2002. Learned counsel submits that the petitioner was acting purely in discharge of his official duty and there would be nothing amiss in the police officer entering into the house of the complainant, if necessary, with the aid of the ladder if the door be not opened to arrest the accused. Learned counsel for the petitioner lastly submitted that triviality of the nature of the allegation is apparent from the materials alleged to have been taken away by the petitioner as alleged.