- (1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings initiated against the petitioner including the order dated 13.11.2003 passed Complaint Case No. 302/2003.
(2.) FACTS giving rise to the filing of this application are that the opposite party No. 2 filed a complaint case being Complaint Case No. 302/2003 stating therein that all the accused persons, who are petitioners in this case, came armed with deadly weapons and plucked two bags of mangoes from the tree belonging to both the parties and when protest was made by the complainant opposite party No. 2 and his family members saying that shares belong to all the brothers and partition has not taken place so you do not pluck the mangoes, then petitioner Kishore Kumar Singh abused them and got down from the tree and assaulted the complainant with blunt portion of the gandasa and caused injuries and other accused persons have also assaulted the complainant and committed theft of golden chain, earrings, payal etc. and also committed theft of cycle and rahar and on the basis of this allegation the complainant -opposite party filed the aforesaid complaint case, in which the learned Court below, after holding enquiry under Section 202, Cr PC, took cognizance against the accused persons -petitioners. The learned counsel appearing for the petitioners submitted that a palpably false allegation has been made against the petitioners inasmuch as it is the members of the prosecution party, who have assaulted the petitioners and caused injuries on their bodies and further that this instant case is a counter blast to the complaint case filed by petitioner Kishore Kumar Singh against the complainant and others. In support of the contention a copy of the complaint case bearing No. 336/2993 has been filed which was sent to the concerned P.S. for institution and investigation of the case where Patan P.S. Case No. 120/2003, dated 22.6.2003 has been registered. It is further pointed out that police had come to the hospital where petitioners ' father was being treated, as he sustained injuries of serious nature but the police failed to lodge FIR and hence the Complaint Case No. 336/2003 was filed by petitioner Kishore Kumar Singh. It was further pointed out that delay in filing of the complaint case arose only because father of petitioner Kishore Kumar Singh was senseless from 13.5.2003 to 27.5.2003 and his condition was serious and that the petitioner Surajdeo Singh also sustained grievous injury on his head and internal bone was fractured and because of this very reason the complainant -opposite party has filed this case. It is also pointed out that petitioner Vikas Kumar Singh is a student of 8 class and he is aged about 10 years and is a minor and petitioner Rinki Kumari is aged about 12 years and she is also a minor. Similarly petitioner Chanchala is also a minor aged about 14 years and all the minors have been dragged in this litigation only because of family feud and due to old grudge and personal vendetta.
(3.) ON the other hand, learned counsel of the complainant -opposite party submitted that after due enquiry cognizance in the case has been taken and further that filing of the complaint case by one of the petitioners leads to the conclusion that some occurrence has taken place and. therefore, cognizance does not require any interference.;