RAJAUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five petitioners, who were arrayed as accused in Complaint Case No. 318 of 1996, are before this Court with a prayer to quash entire proceeding relating to T.R. No. 1102 of 1998/C.R. No. 318 of 1996 pending in the court of Judicial Magistrate, Ist Class, Madhubani.

(2.) Though, in the petition, a prayer has been made to quash the order dated 10.11.1997 whereby learned Magistrate had passed an order for issuance of processes against petitioners and one another, for quashing of order dated 26.9.1997 passed in Cr. Revision No. 1056 of 1997 and order dated 28.7.1998 passed in Cr. Revision No. 402 of 1998, Sri Ajay Kumar Thakur, learned Counsel appearing on behalf of the petitioners makes a prayer to confine the relief to the extent of quashing of the order dated 26.9.1997 and all the consequential relief relating to quashing of the proceeding of the complaint case afore referred.

(3.) Only ground which has been taken by the learned Counsel for the petitioners is that without complying with the principle of natural justice, the revisional court had passed an order on 26.9.1997 in Cr. Revision No. 1056 of 1996. By the said order, the learned Sessions Judge allowed the petition filed on behalf of the complainant against part of the order dated 6.8.1996 in Complaint Case No. 318(C) of 1996. By the said order, learned Judicial Magistrate had taken cognizance of offence under Sections 323 and 341 of the Indian Penal Code and directed to issue process only against Accused No. 1 of the complaint case. Meaning thereby that the learned Magistrate had rejected the complaint petition in respect of Accused Nos. 2 to 6 which includes all the five petitioners before this Court.