Cognizance under IPC sections quashed due to lack of substantial evidence and minor dispute nature.

ORAL JUDGMENT

Date : 15-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioners have preferred the application under Section 482 Cr.P.C. / 528 BNSS for quashing of the order dated 19.11.2024 passed by the learned Judicial Magistrate 2^nd Class, Gaya in complaint case no. 981 of 2024 whereby he has taken cognizance for the offence under Sections 504 , 427 read with Section 34 of the Indian Penal Code .

3. The prosecution story, in brief, is that the complainant, who is the Director of several educational institutions, has alleged that on 25.06.2024, while he was at his residence, the petitioners entered into his house and started using abusive language against him and also called him a rapist. When the complainant protested, petitioner no. 2 allegedly took out his pistol and threatened the complainant and forcibly took away a sum of Rs. 10,000/- from him. It is further alleged that prior to this incident, on 20.06.2024, while the complainant was unloading bricks for repairing of his house, petitioner no. 1 abused him and asked him not to store the bricks there, leading to hot talk between them.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioner no.1 is a retired doctor and is a next door neighbour of Opposite party No.2, whereas petitioner no.2 is brother-in-law of the complainant/O.P. No.2. He further submitted that due to obstruction caused in the movement of the vehicle, the petitioner no.1 had requested the complainant to store the stone chips to some other place, so that the vehicle can pass easily, but the Complainant took it in other way and started quarreling with the petitioners and in order to malign the reputation of petitioner no. 1, a concocted complaint case has been filed. On these grounds, the petitioners seeks quashing of the order taking cognizance.

5. Learned APP, appearing on behalf of the state submitted that the learned District Court after considering, all the materials available on record has rightly taken cognizance against the petitioners and there is no infirmity in the order taking cognizance.

6. Heard the parties.

7. Having considered rival submissions made on behalf of the parties, it is admitted in the complaint that occurrence took place because of obstruction caused by the brick and stone chips on the roadside. From the perusal of the complaint and solemn affirmation of the witnesses, I find it proper to reproduce paragraph nos.4, 6 and 7 of the complaint, which are as under:

“4. That in the meantime both the accused persons entered into the compound of the complainant started abusing in filthy language to the complainant where upon complainant asked them to control to their tongue, upon which accused no.2 picked up country made pistol from his pocked and told in threatening tone to keep silence otherwise be ready to face dire consequence seeing pistol the complainant and his witnesses who were sitting there became afraid.

6. That on 20.06.2024 in the morning when the complainant was unloading the bricks for repairing of his house, the accused no.1 entered into the hot discussion to the driver of the tractor and told him not stocked bricks near by my house. Complainant again told accused no.1 that bricks are being stored to the road but accused no.1 without any rhyme and reason abused the complainant and also told him in presence of so many unknown persons that your are rapist.

7. That the complainant informed the matter to the local police who visited to spot and pacify the matter. After some time the complainant went to Ramp police and submitted a written report but the local Ranpur Police in collusion of the accused no.1 not received his written report but complainant went to the office of S.S.P.