LAWS(PAT)-2010-10-47

BIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

Decided On October 29, 2010
BIRENDRA KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Rakesh Kumar, J. On call, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, Sri A.M.P.Mehta , learned Addl.Public Prosecutor appearing on behalf of the State is present.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 28.8.2006 passed by learned Sub Divisional Judicial Magistrate, Siwan in Trial No.3522 of 2006 arising out of Siwan Town P.S. Case No.69 of 2005. By the said order, learned Magistrate has taken cognizance of offences under Sections 420,467,468,469,470 and 471 of the Indian Penal Code.

(3.) On perusal of the record, it appears that on the basis of written report submitted by the Executive Officer, Nagar Parishad ?cum- Circle Officer, Siwan, an F.I.R. vide Siwan Town P.S. Case No.69 of 2005 was registered on 16.3.2005. It was alleged that the petitioner had committed offences under Sections 420,467,468,470 and 471 of the Indian Penal Code. After registering the case, the same was thoroughly investigated and thereafter, chargesheet was submitted by the police. After submission of the chargesheet , learned Magistrate examined the record and the police report and thereafter he has taken cognizance of offences as mentioned above.