Judgment 1. Heard. 2. This application has been filed for quashing the order dated 1.12.2006 passed by Sri B.K. Gupta, Judicial Magistrate, 1st Class, Ara, in Complaint Case No. 649(c) of 2006/T.R. No. 3143 of 2006 whereby he has taken cognizance against the petitioner and others under sections 341, 323, 504 and 379 of the Indian Penal Code. 3. It is admitted position that the petitioner is a Police Officer and during the relevant time he was posted as Officer-in-charge of Brahampur Police Station at Bhojpur. 4. From perusal of the complaint petition, it appears that it is the admitted case of the complainant that the construction work of Peepa Pool was going on which was opposed by the complainant and others and while the complainant and others were agitating against the construction of Peepa Pool, the petitioner, who is the Officer-in-Charge of the Police Station also arrived there and there is allegation that he used some force and aiso abused the complainant and others and also gave slaps. 5. I think that the force used by the petitioner to disperse the mob, who were agitating, was not of such nature which can make him liable for punishment for committing any offence. 6. In such view of the matter, I am of the view that there was no sufficient ground for the Magistrate to take cognizance against this petitioner and so the order of taking cognizance against this petitioner appears to be bad in law. 7. Accordingly, the order dated 1.12.2006 passed by Shri B.K. Gupta, Judicial Magistrate, 1st Class, Ara, in Complaint Case No. 649(c) of 2006/T.R. No. 3143 of 2006 whereby he has taken cognizance of the offence under sections 341, 323, 504 and 379 of the Indian Penal Code is hereby quashed in-so-far as this petitioner is concerned and the further proceeding against this petitioner in the case is ordered to be dropped. 8. In the result, this application is allowed.