MADAN MOHAN SINGH SON OF LATE NAG NARAIN SINGH Vs. STATE OF BIHAR; KRISHNA RAM SUB INSPECTOR; BRIJ BHUSHAN SINGH OFFICER INCHARGE AND SHAILENDRA SINGH MANAGER PANKAJ CINEMA

JUDGEMENT

(1.) 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 2.5.2000 passed by Additional Sessions Judge-I, Saran at Chapra in Cr. Revision No. 136 of 1998. By the said order the learned Additional Sessions Judge-I, Saran at Chapra has rejected the petition filed by the petitioner preferred against the order dated 1.4.1998 passed by Sri S.K. Dubey, Judicial Magistrate, Chapra in Enquiry Case No. 83 of 1998/C-47 of 1997. By the said order the learned Magistrate has rejected the complaint petition filed under Section 203 of the Code of Criminal Procedure which was filed by the petitioner.

(2.) Short fact of the case is that the petitioner filed a complaint alleging therein that forcibly opposite party Nos. 2 and 3 who were police officials took the equipments and machinery from the cinema hall of the petitioner. At the time of enquiry as well as hearing on cognizance on behalf of the petitioner- complainant some information was brought to the notice of learned Magistrate that the police had instituted a case vide Marhowrah P.S. Case No. 33 of 1997 against the complainant/petitioner and a seizure list was also produced. Considering the fact that articles were seized by opposite party Nos. 2 and 3 in course of investigation of the case in Marhowrah P.S. Case No. 33 of 1997 the learned Magistrate has rejected the complaint filed under Section 203 of the Code of Criminal Procedure after conducting enquiry.

(3.) Aggrieved with the order of rejection of the complaint petition the petitioner filed a revision petition vide Cr. Revision No. 136 of 1998, which stood rejected on 12.5.2000. Learned Additional Sessions Judge-I, Saran at Chapra after examining the materials available on the record, rejected the revision petition preferred by the petitioner.