LAWS(PAT)-2010-4-478

CHANDRA SHEKHAR MISHRA Vs. STATE OF BIHAR

Decided On April 27, 2010
CHANDRA SHEKHAR MISHRA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) On repeated calls, none has appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 29.9.1999 passed by the learned Sessions Judge, Saharsa in Cr. Rev. No. 236 of 1999 By the said order, the learned Sessions Judge, Saharsa has allowed the revision petition, which was preferred by Opp. Parties against the order dated 4.6.1999 in Complaint Case No. 319(C) of 1999. By the said order ,the learned Magistrate had taken cognizance of offences under Sections 147, 148, 149, 323, 341, 423, 504, 379, 465, 468, 469 and 420 of the Indian Penal Code.

(3.) Short fact of the case is that the petitioner had filed a complaint case vide Complaint Case No. 319(C) of 1999 in the court of the learned Chief Judicial Magistrate, Saharsa disclosing therein that accused persons i.e. Opp. Parties had forged certain documents relating to land of the complainant and, thereafter, by way of forging documents the accused persons forming an unlawful assembly arrived at the land of the complainant and accused persons forcibly took away the bricks and sand of the complainant, which were stacked over the land of the complainant. It was alleged that in the said occurrence, he suffered a loss of Rs. 3200/-. After filing of the complaint petition, the complainant was examined on S.A. and two witnesses were also examined on behalf of the complainant. Thereafter, the learned Magistrate vide its order dated 4.6.1999 took cognizance of offences as mentioned above.