SACHITA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. Although notice was issued but learned counsel for the complainant/ O.P. No.2 has not appeared.

(2.) Petitioners have challenged the order of cognizance dated 18-7-97/19-7-97 whereby learned Judicial Magistrate, 1st class, Saran at Chapra has taken cognizance in Complaint case no. 1077/1995 leading to Trial No. 1452/1997 under sections 147, 148, 323, 325 and 448 of the Indian Penal Code.

(3.) On behalf of the petitioners it has been submitted that prior to lodging of this complaint case, for the same occurrence the complainant had lodged a police case in which only three persons, namely, Ajit Singh, Pawan Singh and Pintoo Singh were named as accused in Dighwara PS case No. 107/1995. Police submitted charge sheet in that case leading to trial of those accused persons but ultimately they were acquitted. The judgement of acquittal dated 11-10-1996 has been annexed as annexure-3.