IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25458 of 2019

Arising Out of PS. Case No.-1665 C Year-2008 Thana- BEGUSARAI COMPLAINT CASE

District- Begusarai

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1.

Rajendra Poddar, son of Late Baisakhi Poddar, R/O Village- Seuri, PS-

Cheriyabariarpur, District- Begusarai.

2.

Meena Devi, W/o Rajendra Poddar, R/O Village- Seuri, PS-

Cheriyabariarpur, District- Begusarai.

3.

Teznarayan Kumar, son of Rajendra Poddar, R/O Village- Seuri, PS-

Cheriyabariarpur, District- Begusarai.

4.

Manish Kumar, Son of Rajendra Poddar, R/O Village- Seuri, PS-

Cheriyabariarpur, District- Begusarai.

5.

Lalan Kumar, son of Rajendra Poddar, R/O Village- Seuri, PS-

Cheriyabariarpur, District- Begusarai.

... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Anil Poddar, S/o Shree Radhe Poddar @ Radhakrishna Maheshwari, R/O

Village- Seuri, PS- Cheriyabariarpur, District- Begusarai.

... ... Opposite Parties.

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Appearance :

For the Petitioners

:

Mr. Amit Narayan, Advocate.

Mr. Daya Shankar Prasad Sinha, Advocate.

Mr. Shyameshwar Dayal, Advocate.

For the State

:

Mr. Nand Kishore Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

ORAL JUDGMENT

Date : 14-05-2019

Heard learned counsel for the petitioners and

learned APP for the State.

This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing of the entire

proceedings of Complaint Case No.1665-C of 2008 pending

against the petitioners and two other accused persons under

Sections 147, 323, 380, 384, 452 and 504/34 of the Indian Penal

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Code (hereinafter in short referred to as the 'IPC').

The factual matrix of the case is that Complaint Case

No.1665-C of 2008 was lodged by the complainant Anil Poddar

against the seven accused persons including the petitioners

under Sections 147, 323, 380, 384, 452 and 504/34 IPC. During

the course of enquiry complainant examined himself and two

witnesses and the learned Magistrate, after perusing the S.A.

and the statement of enquiry witnesses, took cognizance of the

offence under Sections 147, 323, 341 & 504/34 IPC. The said

cognizance order was not assailed by either of the parties.

Subsequently, the complainant filed a petition under Section 259

Cr.P.C. before the learned Trial Court for treating the summons

trial into warrant trial, which was turned down by the learned

Magistrate vide order dated 31.10.2014. The said order was not

assailed by the complainant. Subsequently, the complainant

examined himself and two witnesses and then again filed a

petition under Section 259 Cr.P.C. for treating the summon trial

as warrant trial submitting that the aforesaid witnesses have

supported the occurrence and prima facie case under Section

380 & 452 IPC is made out on the basis of evidence of the

witnesses, which was again rejected by the learned Magistrate

vide order dated 29.02.2016. Assailing the aforesaid order the

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complainant filed Cr. Revision No.153 of 2016 and the learned

revisional Court after hearing the parties remitted back the

matter to the learned Trial Court for rehearing of the case. But

the learned Magistrate after hearing both the parties and

considering the material on record again rejected the prayer of

the complainant vide order dated 26.03.2018 which was assailed

by the complainant in Cr. Revision No.155 of 2018 and after

hearing the parties the revisional Court vide order dated

30.05.2018 again remitted back the matter to the learned Trial

Court for rehearing.

It is submitted