Ashish Kumar @ Kundan Kumar v. The State of Bihar
Case brief
What is this about?
Begusarai complaint-case cognizance quashing refused: petitioner (complainant's nephew) expressly named with direct overt-act allegation — pistol-point threat demanding an L.G. TV, assault and snatching of gold chain worth Rs.25,000/ (incident 11.1.2021; complaint 13.1.2021 before CJM Begusarai; cognizance 27.1.2022 under Ss. 341/323/379 IPC after registration under Ss. 323/341/387/384/379/506 IPC); complainant's statement on solemn affirmation decisive; reliance on (2000) 3 SCC 269 (Medchl Chemicals – Biological E.) and (1985) 2 SCC 370 (Pratibha Rani – Suraj Kumar) for examining the complaint in its entirety without testing its correctness; petitioner's pleas of family enmity (FIR Phulwariya P.S. Case 101 of 1998) and malicious prosecution rejected; application dismissed (Partha Sarthy, J., 11-07-2024).
What did the court decide?
The petitioner is expressly named in the complaint with a direct allegation of having committed an overt act along with the other accused persons.