High Court Patna High Court - Orders

Nand Kishore Singh & Ors vs State Of Bihar on 23 June, 2011

Patna High Court – Orders
Nand Kishore Singh & Ors vs State Of Bihar on 23 June, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.30063 of 2008

    (1) Nand Kishore Singh,
    (2) Uma Shankar Singh, both sons of Mokhtar Singh,
    (3) Mokhtar Singh, son of Late Banars Singh, All of North Madubani (Shukhali Tola, PS
        Sangrampur, District East Champaran - Petitioner.
                                              Vs.
                                       The State of Bihar.

2       23.6.2011

Herd learned counsel for the petitioner and the State.

This application has been filed for quashing the order,

dated 1.2.2008 passed by the Chief Judicial Magistrate, Motihari

in Vaishali (Hajipur) SC/ST PS Case No. 142/2007 taking

cognizance for the offences alleged to have been committed under

sections 447, 341, 323, 504/34 of the Penal Code and 3(1)(x) of

the SC/ST Act.

The informant is a dealer under the public distribution

system. It is said that the petitioners asked him for 20 liters of

kerosene oil which he refused. The petitioners thereafter abused

him and came back after some time armed with weapons and

abused by taking his caste name and also slapped him.

Learned counsel for the petitioners submits that

petitioner no.3 has filed a case against the informant vide

Annexures 2 and 3 of this application. It is, therefore, submitted

that it is because the informant wanted to take revenge that he has

instituted this false and fabricated case against the petitioners.

Learned counsel submits that it is not probable that these

petitioners who are on litigating terms with the informant would

have gone to his shop and asked for kerosene oil and as such the

entire case is improbable and filed for malicious reasons.
2

Although this court is not inclined to interfere in the

matter at the stage of taking cognizance, I make it clear that the

court below will examine these aspects of the matter and specially

take into account whether section 3(1)(x) of the SC/ST Act would

apply in view of the facts of this case considering that the place of

occurrence is admittedly the house of the informant where he is

running his shop.

This application is disposed of with the aforesaid

observations.

haque                                         ( Sheema Ali Khan, J.)