Haleshwar Singh @ Hareshwar Prasad Singh, vs State of Bihar

Anjana Prakash, J. (Oral)—No one appears on behalf of the Opposite Party No.2.

The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 13.12.2007 passed by Chief Judicial Magistrate, Munger in Kharagpur P.S. Case No. 44 of 2007.

The case of the informant is that on the date of occurrence the accused persons abused the informant and assaulted her and her son and also committed theft of her personal belonging. After due investigation final report was submitted in the matter. However, a protest petition was filed upon which cognizance was taken. In the protest petition one more person was added as accused.

It appears that the informant has filed S.C./S.T. Munger P.S. Case No. 41 of 2007 against three of the accused persons, which on investigation was found false and action under Section 182/211 I.P.C. was recommended against him. It also appears that wife of one accused Madhav Das had earlier filed a Complaint case against the informant and his family members in which cognizance has been taken. In this background, it appears that the present case has been filed only with a view to harass the Petitioners on account of the earlier charges.

Also considering that after due investigation by an independent agency cognizance has been taken only on the evidence of interested witnesses, I am inclined to hold that the continuance of the present proceeding would be a gross abuse of the process of the Court and deserves to be set aside.

In view of such, the application is allowed and the entire proceeding including the order of cognizance dated 13.12.2007 passed by Chief Judicial Magistrate, Munger in Kharagpur P.S. Case No. 44 of 2007 is hereby quashed.