KRISHNA MANGAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioner either to press this application or to make a prayer for adjournment.

(2.) The sole petitioner has prayed for quashing of the order dated 20.7.1998, whereby the learned Sub Divisional Judicial Magistrate, Sheohar at Sitamarhi had taken cognizance for offences under Sections 182 and 211 of the Indian Penal Code in Case No. C-2/3/92, Tr. No. 168/98.

(3.) The short facts of the case is that the petitioner was the informant in Sheohar P.S. Case No. 16 of 1988. In the said F.I.R. the petitioner had alleged that Opp. Party No. 2, Jagannath Singh had served some drink, which was containing poison and after consuming the said drink, his younger brother, namely, Chitranjan Singh died. On the basis of said information, an F.I.R. i.e. Sheohar P.S. Case No. 16 of 1988 was registered for offences under Sections 428 and 307 of the Indian Penal Code. While investigation was going on, the petitioner apprehending that the police may not conduct fair investigation filed a protest petition before the court of the learned Magistrate. Finally, the police submitted final form in the said case and submitted a report to prosecute the petitioner for an offence under Sections 182 and 211 of the Indian Penal Code. The learned Magistrate accepted the final form and transferred the protest petition of this petitioner to the complaint side. However, due to non appearance/pairvi made by the complainant on 9.4.1991 the complaint petition stood dismissed. Subsequently, the petitioner filed another complaint, which was registered as Complaint Case No. C-1/4 of 1991. In the said complaint, Opp.Party No. 2 was arrayed as accused. The complainant/petitioner was examined on S.A. and in support of Complaint, four witnesses were also examined and thereafter the learned Chief Judicial Magistrate, Sheohar at Sitamarhi by his order dated 19.8.1993 took cognizance of offences under Sections 327 and 328 of the Indian Penal Code against Opp.Party No. 2, Jagdish Singh.