Chandra Shekhar Jha, J. – Heard Mr. Rana Vikram Singh, learned counsel appearing for the petitioner(s) and Mr. Navin Kumar Pandey, learned A.P.P. for the State.

2. Both aforesaid petitions preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) for quashing the order dated 29.04.2024 passed in connection with Complaint Case No. 13373(C) of 2014, whereby learned Magistrate has been pleased to take cognizance of the offences punishable under Section 166, 323, 504 and 506/34 of the Indian Penal Code (in short the “I.P.C.”) and issued summon to all the accused persons including the petitioner(s).

3. The brief case of the prosecution, as it appears from complaint petition, is that a one day ‘Begusarai Bandh’ was called for by the ‘Aparadh Virodhi Sangharsh Samiti’ on 28.03.2014, as to protest the occurrence of kidnapping of three childrens in Begusarai and killing of one child namely, Piyush after his kidnapping. The aforesaid ‘Bandh/strike’ claimed to be supported by the civil societies and business organizations beside two district advocate associations of Begusarai also by getting themselves away from the court work. It appears from the complaint that aforesaid call for strike was duly informed in writing by Suman Kumar, the convener of “Aparadh Virodhi Sangharsh Samiti” to the Sub- Divisional Officer, Begusarai and it was also published in various newspapers in advance. Narrating further, when the protesters on the day of strike i.e. on 28.03.2014, while marching towards Power House Chowk, Begusarai, accused A2 namely, Raj Kishore Singh (Deputy Superintendent of Police/petitioner), accused A3 namely, Satya Prakash Mishra (Sadar S.D.O.) and accused A4 namely, Niranjan Kumar (Circle Officer) came along with armed forces and took away the complainant along with fellow protesters/witnesses namely, Amrendra Kumar, Zafir Khan, Anil Kumar Anjan, Rupak Kumar, Chandradeo Verma, Sikander Rai, Pushkar Prasad Singh to the Town Thana. After half an hour of that, other protesters namely, Mukund Kumar, Sujeet Kumar and Murari Kumar wer ealso brought to the Town Thana. At around 12:00 P.M., accused No. 1 namely, Harpreet Kaur, the then Superintendent of Police, Begusarai (petitioner) reached the Town Thana and started abusing them. When the detained protesters, as aforesaid, stated that they were only peacefully protesting against the up-coming crimes and criminals, accused A1, A2, A3, A4 and A5 namely, Meghnath Singh, started abusing and assaulting them. Petitioner (A1) assaulted Zafir Khan and Rupak Kumar, who was physically disabled person (being differently abled) by using rod and also inflicted repeated blows on the back, buttock and legs. Subsequently, A1, Harpreet Kaur (petitioner) kicked the testicles of Zafir Khan with her boots causing bleeding from his penis. Accused A2, DySP, Raj Kishore Singh assaulted Mukund Kumar by using his police rod causing fracture of his hand. Accused A4 namely, Niranjan Kumar torn the shirt of the complainant leading to loss of Rs. 1000/-.

3.1. The complainant further alleged through complaint that at around 8:00 P.M., the detained protesters were brought before the learned Chief Judicial Magistrate, Begusarai at his residential office for remand after about eight hours of the occurrence (registered as Town P.S. Case No. 221/2014), where the accused persons including petitioners threatened protesters as not to disclose before the learned C.J.M. about the alleged assault and injuries. Despite of aforesaid threat, the detained protesters had shown their injuries to the learned C.J.M., who instructed for proper treatment vide order dated 28.03.2014, but they were not treated, despite of direction of the learned C.J.M., Begusarai. They were only treated upon an application of jail doctor and jail superintendent, only when the medical condition of Zafir Khan, Rupak Kumar, Mukund Kumar, Sujit Kumar and Murari Kumar deteriorated and a medical board was formed o