ABDUL SATTAR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners in both these quashing application which have been heard together because they relate to the same alleged occurrence. Also heard learned Counsels for the State but nobody has appeared on behalf of the complainant although name of learned Counsel appears in the daily cause list.

(2.) IN Cr. Misc. No. 9705/98 the three petitioners have challenged the order of cognizance dated 9 -4 -96 passed by Sri A. K. Gupta, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint case No. 295/96 leading to Trial No. 237/98. It has been shown from the records that prior to lodging of this complaint case on 29 -2 -96 the complainant had lodged a FIR with Keoti Police Station in the district of Darbhanga on 28 -9 -95 with respect to same very occurrence of alleged cheating etc. against two of the petitioners Md. Ismail and Abdul Sattar leading to Keoti PS case No. 90/95 dated 28 -9 -95. After investigation police submitted final report dated 31 -1 -96 disclosing that the allegations were found false and steps were being taken against the informant Under Section 182/211 of the I.P.C. In fact as would appear from the records of Cr. Misc. No. 24363/98, in that case also the same complainant lodged a protest petition against the final report. Learned C.J.M., Darbhanga accepted the final report but decided to treat the protest petition as a complaint and against cognizance in that complaint case Cr. Misc. No. 24363/98 has been preferred.

(3.) IN the facts of the case, the prayer made in Cr. Misc. No. 9705/98 is allowed and the entire proceedings of complaint case No. 295/96 leading to Trial No. 237/98 pending before Judicial Magistrate, 1st Class, Muzaffarpur is hereby quashed.