LAWS(PAT)-2008-11-136

PRATIVA SINGH Vs. STATE OF BIHAR

Decided On November 19, 2008
Prativa Singh, Wife Of Dr.Swatantra Kumar Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioner, one of the four F.I.R. named accused of Madhepura P.S. Case No. 78 of 2007, has prayed for the quashing of the order dated 3.8.2007 passed therein by the learned Chief Judicial Magistrate, Madhepura, whereby, he having differed from the police report has taken cognizance of offences under Sections 323, 427, 436, 379/34 I.P.C. and issued summons against all the accused persons including the petitioner.

(2.) ONE Jamila Khatoon, the informant, impleaded herein as O.P. No. 2, submitted a written report on 7.3.2007 before the Officer Incharge stating inter alia that she was residing in a hut she had constructed on Government land by the side of the road. It is alleged that at about 12 noon on 6.3.2007 all the named accused persons including the petitioner with the help of unknown others had pulled down the hut and set it on fire and a box and other articles were taken away on a tractor. It is also alleged that she and her son were assaulted. It is claimed that she informed the Mukhiya and the Sarpanch about the matter but they advised her to go to the police.

(3.) ASSAILING the impugned order it has been submitted ' art benaff of the petitioner that there is no material in the case diary to take cognizance against the petitioner or to issue summons against her and that her name had been falsely dragged in due to enmity at the instance of one Dinesh Singh. The counsel further submitted that several civil litigations are pending between her and the informant and also with Dinesh Singh and the informant never came in possession over the lands on which she had built her hut and that the false case had been filed to pressurize her to withdraw the civil cases.