Shafique Alam @ Md. Shafique vs State Of Bihar & Anr on 24 May, 2017

[Cites 9, Cited by 0]

Patna High Court - Orders

Shafique Alam @ Md. Shafique vs State Of Bihar & Anr on 24 May, 2017

Bench: Dinesh Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.22230 of 2017
                     Arising Out of PS.Case No. -12 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ
                   ======================================================
                   Shafique Alam @ Md. Shafique, S.D.O. Kishanganj, S/o Late Md. Khalilur
                   Rahman, Resident of S.D.O. Residence at Dumaria, P.O., P.S. and District-
                   Kishanganj.

                                                                                  .... ....   Petitioner/s
                                                     Versus
                   1. The State of Bihar.
                   2. Sabita Devi, W/o Shankar Paswan, Resident of Khagra Paswan Tola,
                      P.O., P.S. and District- Kishanganj.

                                                                    .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :   Mr. Y.V. Giri, Senior Advocate
                                                Mr. Nikhil Kumar Agrawal, Advocate
                   For the Opposite Party/s   : Mr. Smt Usha Kumari No-1, Spl. P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                   SINGH
                   ORAL ORDER

02/   24-05-2017

The present application has been filed for quashing the order dated 31.01.2017 passed by learned Special Judge, Kishanganj in Complaint Case No. 12-C of 2016, whereby process has been directed to be issued after cognizance being taken for the offences punishable under Sections 295A, 296, 500, 505(2)(3), 153, 153A, 166A of the Indian Penal Code and sections 3(1) (r) (s) (t), 3(2) (vii), 4 of SC/ST (Prevention of Atrocities) Act.

The accusation against the petitioner is that he entered into the premises of Goddess Kali and on protest being made, he abused the informant and others by calling caste name Patna High Court Cr.Misc. No.22230 of 2017 (2) dt.24-05-2017 2/2 and thereafter communal harmony between the two communities got disturbed.

It is submitted by learned Senior Counsel for the petitioner that the petitioner is Sub-divisional Magistrate posted at Kishanganj and at earlier point of time the Administration had lodged two cases i.e. Kishanganj P.S. Case No. 480 of 2016 and 481 of 2016 against the informant's side for having constructed a temple on a public place, hence, as a retaliatory measure the present case has been lodged.

Issue notice to opposite party no. 2 by ordinary process as well as by registered cover with A/D for which requisites must be filed within a period of two weeks after annual vacation, failing which this application shall stand dismissed without further reference to the Bench.

In the meantime, further proceedings of Complaint Case No. 12-C of 2016 pending in the court of learned Special Judge, Kishanganj with regard to the petitioner shall remain stayed.

(Dinesh Kumar Singh, J) DKS/-

U           T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders