This High Court ordered set aside the cognizance taken by the Chief Judicial Magistrate under IPC Sections 341, 323, and 504/34, ruling the criminal case as lodged for ulterior purposes of saving the complainant's skin or pressuring the petitioners.
The order taking cognizance is set aside and the application is allowed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26709 of 2012
====================================================== 1. Birendra Kumar Singh, S/o Shri Muneshwar Singh Resident Of Khas Mahal More, Kalyan Bhawan, 2nd Floor, P.S- Kankarbagh, Distt- Patna.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Akash Chaturvedi, Advocate For the Opposite Party/s : Mr. Dinesh Singh(APP)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 11-11-2014 Heard Mr. Alok Aggrawal, learned Advocate for the petitioners and Mr. Dinesh Singh, for the State. Nobody appears on behalf of opposite party no. 2. The petitioners are father and son amongst themselves. The complainant/opposite party no. 2 is the nephew of petitioner no. 1 and by that relationship he is cousin of petitioner no. 2. The petitioners have challenged the order dated 14.12.2011 passed by the learned Chief Judicial Magistrate, Patna, whereby cognizance has been taken under Sections 341, 323, 504/34 of the Indian Penal Code in
Patna High Court Cr.Misc. No.26709 of 2012 (4) dt.11-11-2014
2
connection with Jakkanpur P.S. Case No. 155 of 2011.
The First Information Report reveals that the petitioners assaulted the informant (opposite party no. 2) with iron rod which caused injuries. The First Information Report further states that the informant had prior enmity with the petitioners. The complete absence of any statement regarding the relationship of the petitioners with the informant, in the First Information Report, clearly demonstrates that the First Information Report was lodged for ulterior purposes.
Learned counsel for the petitioners has drawn the attention of this Court towards series of cases annexed as Annexures- 2, 3, 4 and 5 of the petition. All of these disclose that the informant (opposite party no. 2) behaved abnormally and also created disturbance in the family of the petitioners. The daughter of petitioner no. 1, who happens to be the cousin of opposite party no. 2 was pressurized by him to marry him. When efforts to reason out with opposite party no. 2 failed, a case was lodged against him.
During the subsistence of that criminal case, the opposite party no. 2 tried to misbehave with the daughter of the petitioner no. 1, who now is pursuing her vocation as an employee of the Bank at a different place. Petitioner no. 2 is stated to be employed in Railways in the State of Maharashtra.
Considering the background of the parties, the relationship of the informant with the petitioners and the cases
Patna High Court Cr.Misc. No.26709 of 2012 (4) dt.11-11-2014
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lodged against opposite party no. 2 at the instance of petitioners and others, there is no difficulty for this Court to come to the conclusion that the present case has been lodged only with the purposes of either saving the own skin of the opposite party no. 2 or for the purposes of putting pressure on the petitioners to withdraw the case lodged against them.
Viewed under such circumstances, the order of cognizance does not appear to be sustainable in law. The order taking cognizance, therefore, is set aside.
The application is allowed.
(Ashutosh Kumar, J)
P.K./-
U T
Birendra Kumar Singh and Anr.
State of Bihar
Prakash Kumar Rakesh
Ashutosh Kumar
As recorded by the court registry
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