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Patna High Court - Orders

Govind Saw vs State Of Bihar on 28 July, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.3105 of 2009
                 GOVIND SAW, S/o Late Chhatu Saw,
       Resident of Mohalla-Rikabganj, P.S.-Tekari, District-Gaya.
                                Versus
                       THE STATE OF BIHAR.
                               -----------
02.   28.07.2010

This application has been filed for quashing of the order dated 21.10.2008 passed by Chief Judicial Magistrate, Gaya by which he has taken cognizance for offences under Section 354 of the Indian Penal Code in connection with Civil Lines P.S. Case no. 283 of 2006.

The case of the informant is that while she was coming down the stairs some one assaulted and pressed her breast which miscreant was subsequently identified as the petitioner. It appears on the same day, the petitioner had made a complaint before the court concerned that when he had come to give his evidence in Court in a case instituted for assault of his son and he was coming down the stairs a burqa- clad lady had bumped into him and started assaulting him and thereafter the accused persons against whom he had come to give evidence, appeared and threatened him of dire consequences. The petitioner also filed a case in this regard before the police on the very same day.

2

Considering the same, this application is allowed and entire proceeding including the order dated 21.10.2008 passed by Chief Judicial Magistrate, Gaya by which he has taken cognizance in connection with Civil Lines P.S. Case no. 283 of 2006 is hereby quashed.

(Anjana Prakash, J.) Vikash/-