Criminal Miscellaneous No. 33181 of 2013. Case: Shiv Sundar Bharti Vs State of Bihar and Ors.. High Court of Patna (India)
| Case Number | Criminal Miscellaneous No. 33181 of 2013 |
| Counsel | For Appellant: Arun Prasad Ambastha, Advs. and For Respondents: Mayanand Jha, Addl. P.P. |
| Judges | Ashwani Kumar Singh, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 173(2), 482; Indian Penal Code 1860, (IPC) - Sections 323,34, 341, 342, 379, 447, 504 |
| Citation | 2016 CriLJ 4761 |
| Judgement Date | Thursday August 04, 2016 |
| Court | High Court of Patna (India) |
Order:
Ashwani Kumar Singh, J.
This application under Section 482 of the Code of Criminal Procedure (for short 'CrPC') is directed against the order of cognizance dated 29.09.2012 passed by the learned Chief Judicial Magistrate at Araria in G.R. No. 2182 of 2011 arising out of Sikti P.S. Case No. 88 of 2011 under Section 504 of the Indian Penal Code (for short 'IPC') and the entire proceeding of the aforementioned case. The case of the prosecution, in brief, is that the opposite party No. 2 Nand Lal Rishideo lodged a written report on 19-09-2011 before the S.H.O. of Sikti Police Station alleging therein that he along with Md. Wasim jointly took settlement of Pond No. 3 at Masunda from the Fisheries Department for fish rearing. He has invested Rs. 10,000/-. On 15-09-2011 at about 10.00 a.m., Siya Ram Sada with seven others including the petitioner came there and after abusing the informant looted away one and a half quintal of fish valued at Rs. 15,000/- and on protest accused Siya Ram Sada took away a fishing net valued at Rs. 6,000/-. All the accused pushed the informant and extended threat to leave the pond otherwise he would be killed. It is also stated that there has been delay since a panchayati was to be convened which did not take place.
On the basis of the allegation made above regarding the occurrence which took place on 15.09.2011, Sikti P.S. Case No. 88 of 2011 was registered on 19-09-2011 under Sections 447, 341, 342, 323, 504 and 379/34 of the IPC against Siya Ram Sada and seven others including the petitioner.
The police took up investigation...
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