ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition has been preferred by the Complainant in Complaint Case No. 40 C of the 1995 against the impugned order dated 16.1.1996 by which the then learned Chief Judicial Magistrate, Ara at Bhojpur had dismissed the complaint under Section 203 of the Code of Criminal Procedure ('the Code', in short).

(2.) IN this matter, the learned Counsel for the petitioner, learned Addl. P.P. and learned Counsel for the Opposite Part No. 2 Amrendra Singh have been heard. No one turned up on behalf of Opposite Part Nos. 3 and 4.

(3.) IT will appear that after examination of the complainant on solemn affirmation, the learned Magistrate preferred to proceed under Section 202 of the Code and commenced to inquire into the case by directing the complainant to produce witnesses at which four witnesses were produced. When the matter was taken up by the learned Magistrate for deciding as to whether or not the accused should be summoned, the learned Magistrate, in order dated 23.9.1995, after noting the names of witnesses examined by the complainant, observed that since the prosecution was silent about details of the case in which the alleged search was made by the accused -persons, an inquiry into the matter from a senior Police Officer was essential for ends of justice and, accordingly, directed Sri Rajiv Ranjan, Dy. S.P. at Ara to make an inquiry into the allegation and report to the Court. It will appear that such are port was submitted in which the search and its legality were justified by the Deputy Superintendent of Police. The matter again came up before the learned Magistrate for deciding as to whether or not the accused should be summoned. In order dated 16.1.1996, which is the impugned order, the learned Magistrate noted the facts of the case and the fact that four witnesses were examined by the complainant and also noted as to under what circumstances further enquiry was ordered to be conducted by the Deputy Superintendent of Police and then proceeded to discuss the report of the Deputy Superintendent of police. After noting the facts mentioned in the report in detail and also noting that the money allegedly obtained in course of Bank dacoity for which a case was instituted, was recovered in course of aforesaid search which was conducted after observing all the legal formalities, the learned Magistrate ordered that the complaint case be dismissed.