The court emphasized the need for materials beyond suspicion or doubt to quash accusations at the prima facie stage and the requirement to prevent abuse of process and secure the ends of justice.

ADITYA KUMAR TRIVEDI, J

1. Dr. Ashok Kumar Jha, Dr. Deo Nandan Prasad happen to be the petitioners of Cr. Misc. No. 847/2010 while in Cr. Misc. No. 26699 of 2009, Dr. Gopal Mishra happens to be petitioner who have challenged order dated 13.4.2009 passed in Complaint Case No. 2581 (C) of 2008 by which learned lower court, Sri Daya Shankar Singh, J.M. 1st Class Begusarai had summoned all of them to face trial for an offence punishable under Section 341 as well as 3(x) of SC/ST (PA) Act.

2. On 18.11.2008, O.P. No.2, Anil Kumar an employee of Sadar Hospital, Begusarai filed complaint against all the petitioners disclosing therein that he happens to be a member of Scheduled Caste and is presently employed at Sadar Hospital, Begusarai. On 18.11.2008 at about 2:00 P.M. while he was proceeding towards chambers of Civil Surgeon, he was intercepted by all the accused in midst of way. Dr. Deo Nandan Prasad caught hold his collar and abused and further said that as he happens to be Deputy Superintendent therefore he has to abide by his direction. On his protest and further disclosing that written order be issued thereupon, Dr. Gopal Mishra and Dr. Ashok Kumar Jha spat over his mouth. He rushed to Sadar Hospital but as the police failed to entertain him therefore complaint has been filed.

3. It has been submitted on behalf of the petitioners of both the petitions that the order impugned is bad in law as well as on facts hence is fit to be set aside. Then submitted that the allegation whatever been alleged in the complaint is as such that no prudent man can accept the same nor it is expected at the hands of petitioners who happens to be doctors of Sadar Hospital to indulge in such kind of nefarious activities. So it comes within one of the category identified under Bhajanlal Case.

4. Then thereafter referring different annexures submitted that delivery of Pinki Devi, Anita Devi an Aasha volunteer brought her and got her admitted at Sadar Hospital and during said course one of the hospital staff demanded undue money who was identified as Abha Kumari and over which an enquiry was entrusted on a complaint and then, she was transferred to different place by an order of Civil Surgeon but she flouted the order and remained there which was seriously taken up by the administration. Complainant who sided Abha Kumari becoming frustrated in his attempt to get the transfer order revoked, got this case filed with ulterior motive. As such submitted that in the aforesaid facts and circumstances of the case the order impugned cannot sustain.

5. On the other hand, O.P. No. 2 opposed the prayer and submitted that for the purpose of summoning of accused a prima facie case is only required to surface. From the S.A. as well as statement of witnesses recorded under Section 202 of the Cr.P.C., prima facie against the petitioners are very much available on the record as a result of which no indulgence is required.

6. Learned APP opposed the prayer and submitted that in routine manner, there should not be interference. Whatever contention petitioners have, that happen to be factual one which could be dealt with during course of trial. As such, the order impugned is fit to be confirmed.

7. Both the petitioners by filing annexures have tried to inspire that the complaint against nurse Abha Kumari over demanding of money illegally and taking serious action thereupon by the aC11inistration of which petitioners happen to be part and parcel and further getting the transfer order revoked, the complainant who had taken a cause get this case filed. Whether those annexures, i.e. annexures 3, 4, 5, 6 of Cr. Misc. No. 847/2010 and in likewise manner of 26699/2009 can be considered at this moment, for that I would like to refer AIR 2011 SC 1090 and the relevant paragraphs happen to 21 and 22 which are as follows:-

"21. In our judgment, the above observations cannot be read to mean that in a criminal case where trial is yet to take place and the matter is at the stage of issua