GODHA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application preferred under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 17.8.2007 passed by the learned Judicial Magistrate, 1st Class, Munger in Complaint Case No. 417C of 2007, corresponding to Tr. No. 394 of 2007, whereby the learned Magistrate has taken cognizance and issued processes under Sections 504 and 323 of the Indian Penal Code (in short 'I.P.C.').

(2.) It is urged in the petition that the complaint was filed in a mala fide manner and inasmuch as the complainant has been filing a number of cases out of sheer malice. Various instances have been given how the complaint petitions filed by him had been dismissed earlier. It is also urged that he had filed complaint cases against different persons which include Advocates and others.

(3.) In support of the assertions made in the petition, learned counsel for the petitioner has commended me to the decision rendered by the Apex Court in Mahindra & Mahindra Financial Services Limited and Another V/s. Rajiv Dubey, 2009 1 SCC 706.