SHEO PUJAN PANDEY, TRIBHUWAN PANDEY BOTH SONS OF LATE RAMBARAN PANDEY, SHAILENDRA PANDEY @ SHAILENDRA KUMAR PANDEY SON OF TRIBHUWAN PANDEY AND MUKESH KUMAR PANDEY SON OF SHEO PUJAN PANDEY Vs. STATE OF BIHAR AND PARBATI DEVI WIFE OF BIJALI THAKUR

JUDGEMENT

(1.) It is second round of litigation by the petitioners before this Court. Earlier the petitioners had approached this Court against the order of rejection of revision petition which was preferred against the order of cognizance. The said petition was dismissed by this Court vide order dated 8.8.1997 passed in Cr. Misc. No. 13833 of 1997. While dismissing the said petition this Court had given specific direction which is as follows: In case it is argued at the stage of framing of the charge that no case is made out, the court below will dispose of the same by a reasoned order.

(2.) This time the petitioner has challenged the order dated 1.5.1998 whereby Judicial Magistrate, Ist Class, Muzaffarpur had rejected the discharge petition filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure.

(3.) Allegation in the present case was that the complainant, who is wife of one Bijali Thakur, filed a complainant case in the court of Chief Judicial Magistrate, Muzaffarpur, which was registered as Complaint Case No. 704 of 1993. Subsequently, the said complaint petition was transferred for its investigation under Section 156(3) Cr.P.C. and, accordingly, first information report vide Town P.S. Case No. 55 of 1994 dated 1.2.1994 was registered for the offences under Sections 465, 467 and 468 of the Indian Penal Code. In the first information report it was alleged that the petitioners by way of pursuing her husband had got some land registered in their favour. She alleged that though there was partition and some lands which were in the share of the informant were also transferred to the petitioners by her husband.