MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.9.2000 passed by the Judicial Magistrate, 1st Class, Bhojpur at Ara in Case No. 619 (C)/2000/TR No. 1152/2000 by which he has refused to take cognizance against opposite party No. 2 and dismissed the case under Section 203 of the Code of Criminal Procedure for want of evidence.

(2.) In brief, opposite party No. 2, Kripa Shankar Ram, Officer-in-charge of Ekwari police station on 26.7.2000 at about 9 pm while the complainant was sleeping in her house entered after knocking the door. She was told that naxalites had taken shelter in her house and in that continuation committed rape upon her, left her house after threatening not to report the matter elsewhere.

(3.) After conclusion of enquiry, Sri A.K. Yadav, Judicial Magistrate, 1st Class, Bhojpur, dismissed the complaint petition under Section 203 of the Code of Criminal Procedure finding no material against him (OP No. 2). By assailing the legality, correctness and propriety of the impugned judgment this revision petition has been filed.