BRAJ BHUSHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. Petitioners, who were accused in Complaint Case No. 752C/05, are before this Court and seek to challenge the revisional order dated 14.1,2008, passed by learned Addl. District and Sessions Judge, F.T.C-II, Ara in Cr. Revision No. 255/06 which was dismissed in the following manner:-

(2.) Relevant facts giving rise to this application may be indicated. The complainant (O.P, No. 2) lodged a complaint in October, 2005 alleging therein that accused persons had committed offence(s) punishable under Sections 420, 342, 406 and 440 IPC. The said matter was referred to the police for institution of a case and investigation. The matter was investigated whereafter final report was submitted on 30.3.2005 (Annexure-2). The petitioners herein were not sent up for trial. In fact, the police found the accusation wholly mala fide and recommended action against the complainant under Sections 188 and 211 Cr.P.C. The said re port was accepted on 2.6.2005. As there was already a protest petition by the complainant, the learned Magistrate decided to proceed with the said complaint which gave rise, to Complaint Case No. 752(C) of 2005.

(3.) On a consideration of the material brought on record in course of such inquiry, learned Magistrate by an order dated 30.8.2006 dismissed the complaint in terms of Section 203 of the Code of Criminal Procedure (Annexure-4). The complainant aggrieved by the aforesaid order, preferred the aforesaid Criminal Revision No. 255/06 which was disposed of by orders dated 14.1.2008 which has been impugned in the present application.