IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32402 of 1999
BRAHMDEO MAHTO
Versus
STATE OF BIHAR & ANR
-----------
4/ 29.6.2010 Heard learned counsel for the parties.
The petitioner has been summoned to stand trial under section
506 of IPC on the basis of the complaint bearing Complaint Case no.
201 C of 1998. The complaint petition runs into ten paragraphs but, on
perusal of those paragraphs and considering the facts contained in them
the court has not been finding any element of criminal intimidation
which has been defined by section 503 of IPC and made punishable
under section 506 of IPC. There is neither any allegation of any threat
was given to the complainant either by the petitioner or anyone named
in the array of the accused towards causing any injury to the person or
persons or reputation of the complainant or any of his family members.
Considering that the facts alleged are simply jumble of words,
not constituting any offence, the summoning order appears completely
unknown to the provision of law and, as such, the proceedings initiated
by order dated 26.11.1999 in Complaint Case No. 201 C of 1998
pending before the court of Shri A.K. Sinha, J.M. Ist Class, Biharsharif
or his successor in office is hereby quashed.
Anil/ ( Dharnidhar Jha, J.)