MISHRI LAL BHANDARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has challenged the order dated 24.6.2008, passed by the Judicial Magistrate, 1st Class (Railway Samastipur) in Cr. 4 of 2008 (arising out of Samastipur Railway P.S. Case No. 70 of 2007, giving rise to Gr. No. 106 of 2007) by which cognizance has been taken for offences under Section 376 of the Indian Penal Code and summoned the petitioner to face trial.

(3.) Justice Desai has said in the case of Chandrapal Singh and Ors. v. Maharaj Singh and Anr., 1982 AIR(SC) 1238 that "A frustrated landlord after having met his Waterloo in the hierarchy of civil courts, has further enmeshed the tenant in a frivolous criminal prosecution which prima facie appears to be an abuse of the process of law." Only in this case the opposite party is true. It is the tenant who has enmeshed the landlord in a criminal case.