- (1.) THIS appeal is directed against the judgment and order passed by the learned Single Judge on 18th May, 2004, dismissing the writ application filed by the appellant in CWJC No. 1844/2000 (P).
(2.) ADMITTEDLY , the appellant, Bijendra Singh, was duly selected and appointed as a Constable in the Bihar Military Police in August, 1971. During the Lok Sabha Elections of 1996, the appellant was sent on deputation to the D.A.V. School, Hazaribagh, and while he was posted there, in 8th May, 1996, at about 8.00 p.m., an incident took place in the School, in which the appellant was sought to be involved. From the materials on record, it appears that a complaint was lodged by one Fuleshwar Mandal (constable No. 104), in which it was alleged that in the night of 8th May, 1996, while the complainant was standing in front of the School Gate with three other colleagues, namely, Kaushlesh Ram, Sagar Manjhi and Krishna Kumar Tamar, one Kishore Kumar Singh, in a drunken state, came and pushed him and ultimately the complainant was said to have been rescued by his other colleagues from any further assault. At that particular point of time, in the said complaint, it was also indicated that thereafter the complainant take his dinner and retired for the night, when suddenly he was rudely awoken by an assault on his chest by the said Kishore Kumar Singh, as a result whereof, he suffered injuries and bruises and had to be treated at the Sadar Hospital.
(3.) THE story takes a slight twist thereafter, when two days later, a second complaint was lodged by Fuleshwar Mandal apparently over the self same incident, in which the incident is narrated with some differences, one of which was that not only Kishore Kumar Singh, but the present appellant also assaulted the complainant causing him injuries, which had to be treated at the Sadar Hospital. There are other differences, which suggest that the second complaint was lodged after the complainant had a chance to rethink over the incident.;