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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Dilip Kumar Yadav @ Dilip Kumar Son of Late Ram Awadhesh Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. Heard Mr. Anshul, learned senior counsel appearing on behalf of the petitioner and Mr. Nilendu Kumar Choudhary, learned counsel for O.P. No. 2.
2. This application pressed for quashing of order dated 16.02.2022, passed by learned Chief Judicial Magistrate, Kaimur at Bhabua in G.R. No. 27 of 2020, arising out of Mohania P.S. Case No. 07 of 2020, by which learned Magistrate rejected the petition filed u/s 190 of Cr.PC pressed on behalf of the petitioners, challenging taking cognizance u/s 307 of IPC.
3. Case of prosecution, in brief, is that on 02.01.2020 in morning at 7 AM while informant was coming to his house on motorcycle and so when he reached at the house of one Ramdayal Singh, his motorcycle was surrounded by the accused persons and was told that he could not use the road in-front of their house. When it was opposed by the informant, the accused persons were started to abuse and thereafter assault was made using lathi by accused Ram Awadhesh Singh and Ram Dayal Singh and other accused persons assaulted with fist and slaps. The accused persons snatched the cash of Rs.700/- from him. Thereafter the informant's uncle went to their house for com
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