Patna High Court - Orders
Rishikesh Kumar Sharma @ Rishikesh ... vs The State Of Bihar & Anr on 11 January, 2013
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9 of 2011
======================================================
Rishikesh Kumar Sharma @ Rishikesh Kumar & Anr
.... .... Petitioner/s
Versus
The State Of Bihar & Anr
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahesh Narayan Parvat, Adv.
Mr. Shyameshwar Kumar Singh, Adv.
For the Informant : Mr. Hari Kishore Thakur, Adv.
For the State : Mr. Surendra Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
7 11-01-2013Heard learned counsel for the petitioners, for the State and for the Informant.
In this case petitioners are challenging the order dated 7th May 2010 passed in Complaint Case No. 2091 of 2007 whereby and whereunder cognizance has been taken u/s 341, 323 and 379 IPC.
In the complaint petition, it has been alleged that the accused persons are rich and are having muscle power and they are bent upon to harass the complainant with an intention to give undue pressure on him to give passage for their exit and entry. On 9th July 2007, accused persons lodged a false case in the court of Judicial Magistrate, 1st Class, Muzaffarpur. On 23rd August 2007, again a case was lodged against the sons of the complainant. It has been alleged that the accused persons are regularly filing false and 2 Patna High Court Cr.Misc. No.9 of 2011 (7) dt.11-01-2013 2/3 fabricated cases. It has been alleged that the complainant had gone to the place of accused persons to know about the cases filed by him whereupon they lost tamper and exhorted to kill the complainant whereupon the accused persons chased but the complainant could escape from there, but they continued to chase and entered into the house, assaulted with fists and slaps and accused Nos. 3 and 4 tied with towel around the neck of the complainant. The complainant was suffocating and became semi- unconscious. It has further been alleged that accused No.2 entered into his house and took away VIP brief-case having clothes and ornaments. On the basis of statement in the complaint petition and on the basis of S.A. and evidence brought by the complainant, the court below took cognizance for the offences, as aforesaid.
Counsel for the petitioner submits that the offences under which cognizance has been taken are triable by the Gram Cutchery in view of Section 106 of the Gram Panchayat Raj Act, 2006 where it has been specifically mentioned that if the amount which is subject matter of theft is less than Rs.10,000/- then the jurisdiction lies with the Gram Chtchery. In the complaint petition complainant has nowhere mentioned the price of goods taken by the petitioners.
Counsel for the O.P.No.2 has submitted that he has 3 Patna High Court Cr.Misc. No.9 of 2011 (7) dt.11-01-2013 3/3 filed slip in the court which shows the price of theft article is Rs.41,000/- and he could not get the certified copy of the slip, as it was not exhibit ed. In this view of the matter, at present materials are not before this Court to come to definite conclusion about the price of the VIP brief-case as well as of the ornaments which is subject matter of theft and, as such, at this stage, this Court is not passing any order and is remanding back the matter to the court below with a direction to ascertain the price of the theft article. If the price of the theft article is within Rs.10,000/- or less in that circumstance, the court will pass order as per the provisions of Bihar Panchayat Raj Act, 2006 and if the Court would find price to be more than Rs.10,000/-, then the court will not be required to pass any fresh order.
Accordingly, the case is remanded back to the Court- below with a direction to the court below to pass a fresh order, as stated hereinabove. Accordingly, this petition is disposed of.
Jay/- (Shivaji Pandey, J)