K K AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In spite of having received the notice personally, opposite party No. 2 who happens to be the complainant of the complaint petition bearing No. 1463 C of 2000 chose not to appear before this Court and place his side of the story.

(2.) I have heard Shri S.D. Sanjay, learned Counsel for the petitioner and Shri Abhimanyu Sharma, learned Additional Pubic Prosecutor for the State.

(3.) On the basis of the above noted complaint petition, an enquiry appears made by the Sub-divisional Judicial Magistrate, Begusarai, and that ultimately resulted in an order dated 14.2.2002 by which the learned Magistrate found that an offence under Section 326 of the Penal Code appeared committed by the petitioner and other accused named in the complaint petition and, as such, the accused persons were required to be put on trial by summoning them. This is the order which is being assailed and sought to be quashed through the present petition.