Heard the parties.
2. This application has been filed for setting aside the
order dated 06.09.2016, passed by the A.C.J.M.-1, Sasaram, in
Patna High Court CR. MISC. No.22735 of 2018(7) dt.14-07-2026
Complaint Case No. 277 of 2016, whereunder and whereby
cognizance has been taken for the offences under Sections 147,
148 and 380 I.P.C. against the petitioners and others and
summons have been issued against them.
3. The case of the prosecution, in brief, is that the
complainant and his family members have several cloth shops
for long and the accused person too have a cloth shop in the
same market. On the alleged date and time of occurrence, some
customers came at the shop of the informant and asked about
the price of a bed-sheet, which was said to be of Rs.225/- and
said they are vendors and they intend to purchase clothes in bulk
and told that they used to make bulk purchase from the shop of
the accused persons. Thereafter, the said customers went to the
shop of the accused persons complaining about the higher rates
and asked to return the clothes purchased earlier and returned it
citing the cheaper price being offered by the complainant and
said that they will no more be making any purchase from
accused persons and thereafter purchased clothes worth
Rs.35,000/- from the shop of the complainant. It has been
further alleged that thereafter peeved with the happening, all the
accused persons armed variously came near the shop of the
complainant shouting community/religion based slogans and, on
Patna High Court CR. MISC. No.22735 of 2018(7) dt.14-07-2026
being remonstrated, surrounded the complainant and his family
members and started assaulting them. It has been further alleged
that co-accused Om Prakash Sah was armed with pistol, while
co-accused Sudarshan Sah and Mahendra Sah were armed with
iron rods, whereas co-accused Pappu Gupta was armed with
knife and the complainant and others ran to save their life.
Thereafter pelting of stones ensued between both the sides as a
result of which complainant sustained injuries and when the
local people gathered there, the complainant and other could be
saved. It has been alleged that the intention of the accused
persons was to resort to riot. It has been further alleged that
when the complainant’s father along with others went to the
police station to lodge case against the accused persons, the
police did not register the case under the influence of accused
persons and the local politicians, who had assembled at the
police station, rather police arrested the father of the
complainant and his companions. It has further been alleged that
during the occurrence, accused persons also took away bundles
of different clothings and sarees and other valuable goods. It has
been alleged that since the complainant belongs to minority and
weaker community, the accused persons committed the
occurrence with an intention to kill them and police too colluded
Patna High Court CR. MISC. No.22735 of 2018(7) dt.14-07-2026
with the accused persons and did not register the case, therefore,
the complaint petition was filed in the court.
