Arbind Dubey @ Arvind Kumar Dubey And Ors vs State Of Bihar

Heard learned counsel for the parties.

This application has been filed under Section 482 of the Cr.P.C for quashing the order dated 19.03.2019 passed by learned ADJ-I, Gopalganj, in

Complaint Case No. 51 of 2019, by which learned court below took cognizance against the accused-petitioners for the offence punishable under

Sections 147, 323 and 504 of the Indian Penal Code and Section 3(i)(r) of the SC/ST Act.

Complainant in his written complaint addressed to the CJM, Gopalganj, has alleged that accused-petitioners objected the construction of his Latrine

and when he did not stop the construction work, on 28.11.2018 at about 9:00 pm when he along with his family members was sitting at his door, all the

accused persons came and started abusing him by his caste name and when he protested they started assaulting him and when his wife came to save

him accused Dhiraj Dubey snatched her Mangalsutra worth Rs. 10,000/- and Gedi Dubey took away briefcase containing Rs. 80,000/-. On raising

alarm, neighbours assembled there then the accused-petitioners fled away.

On the basis of said written complaint and statement of witnesses the Court found prima facie case to be made out against the petitioners and by

order dated 19.03.2019 took cognizance against the accused-petitioners under Sections 147, 323 and 504 of the Indian Penal Code and Section 3(i)(r)

of the SC/ST Act, and issued summons for their appearance to face trial.

At the stage of taking cognizance the court has to form an opinion on the basis of materials available on record that whether a prima facie case is

made out against the accused or not.

The defence of the accused cannot be considered at the time of taking cognizance. This Court in its inherent jurisdiction cannot substitute its view

regarding sufficiency or adequacy of material before the court below at the time of taking cognizance and issuance of summons against accused as

same is within exclusive domain of trial court, as such I am not inclined to interefere with the order dated 03.06.2019 passed by learned ACJM,

Sherghati, Gaya.

However, the petitioners will be at liberty to raise all the issues raised before this Court as well as other points available to them in accordance with

law at subsequent stage i.e. at the time of framing of charge. The court below shall also take into account the report of the Circle Officer.

Subject to the aforesaid observation and liberty, this application is disposed of.