BRAJ NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) P .K.Sinha, J. - This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioner Braj Nandan Singh, praying therein to quash the entire criminal proceeding arising out of the order dated 3.8.1994 recorded by learned Chief Judicial Magistrate, Bhojpur at Arrah in Case No.19(C)92/A -69 Tr./96 whereunder cognizance of offence against the petitioner was taken under sections 182 and 211 of the Indian Penal Code on an official complaint dated

(2.) 0.1.1992 filed by Sri Bishram Sharma, Assistant Sub Inspector of Police, Opposite party No.2.

(3.) IN its final report the police found the case to be false and recommended for action against petitioner under sections 182 and 211 of the Indian Penal Code (Annexure -2). The learned Chief Judicial Magistrate accepted the final form by order dated 30.3.1992 and directed to put up the complaint -cum -protest petition and, on basis of that, after enquiry the learned transferee Court found that there were sufficient ground for proceeding against all the accused persons for offence under section 323 of the Indian Penal Code and further against the accused Shyam Bahadur Singh under section 380 of the Indian Penal Code, and also ordered issuance of summonses against the accused.