BALESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, Opposite Party no.2 and the State.

(2.) THIS application by the petitioner is for quashing the order dated 4.8.99 passed by Sri Baijnath, Judicial Magistrate 1st Class, Danapur in G.R.Case No. 621/99 (Tr.No.899/99) arising out of Bikram P.S.Case No. 85/99 dated 29.5.99 under section 406 of the Indian Penal Code (In short, i.PC.) wereby and whereunder he has dismissed the application filed on behalf of petitioner to discharge him from the case.

(3.) THE police after investigation submitted charge sheet under section 406 I.P.C. against the petitioner and, accordingly, cognizance was taken and the case is now pending for trial and disposal. According to the petitioner no offence under I.P.C. is made out and the facts disclosed in the F.I.R. simply makes out a case of civil nature only. Relying upon a decision of a Single Judge of this Court reported in 2000(1) B.L.J. 245 the counsel appearing on behalf of petitioner has submitted that on the basis of statement made in the F.I.R. no criminal liability can be put on the petitioner.