ANIL KUMAR CHOUDHARY,J. - (1.) Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State.
(2.) This criminal miscellaneous petition has been filed under section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the order dated 10.03.2008 passed by the Judicial Magistrate, Deoghar in P.C.R. Case No.973 of 2007 corresponding to T.R. No.1111 of 2008, whereby and whereunder, the learned Judicial Magistrate has found prima-facie case against the petitioner under Sections 323 / 448 / 379 / 34 of the Indian Penal Code and ordered for issue of summons against the petitioner.
(3.) Learned counsel for the petitioner submitted that the allegation against the petitioner is that on 2.12.2007, the petitioner who is the accused no.1 assaulted the complainant with fist blows and slaps. On being ordered by the petitioner, the accused no.2 broke open the lock of the house of the complainant and committed theft of one stove (kerosene oil) and one torch. The learned Magistrate vide order dated 10.03.2008 considered the statement of the complainant on solemn affirmation and five witnesses examined by him during the inquiry, all of whom supported the case of the complainant in toto and found prima-facie case against the petitioner for the offence punishable under Sections 323 / 448 / 379 / 34 of the Indian Penal Code.;