Criminal Miscellaneous No. 33181 of 2013. Case: Shiv Sundar Bharti Vs State of Bihar and Ors.. Patna High Court

Order:

Ashwani Kumar Singh, J.

1. 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.

2. 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.

3. The police took up investigation and on completion of investigation the allegation with regard to taking away of the fish or fishing net was not found true and it was stated in the police report that all the allegations except of abusing are incorrect and hence the police report under Section 173(2) of the Cr.P.C. was submitted only for the offence punishable under Section 504 of the IPC.

4. On perusal of the police report, the learned Chief Judicial Magistrate at Araria took cognizance of the offence under Section 504 of the IPC vide order dated 29.09.2012 against the accused persons named in the FIR holding that from perusal of the case diary a prima facie case is made out under Section 504 of the IPC. After cancelling the jurisdiction of Gram Kachahari, the case was transferred for disposal and summons were ordered to be issued fixing 27.11.2012 for appearance of the accused persons.

5. It is submitted by Mr...