RAM BILASH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioner either to press this petition or to make a prayer even 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 19.2.1999 passed by learned Chief Judicial Magistrate, Begusarai, in Complaint Case No.537C of 1997.

(3.) On perusal of the petition it transpires that earlier on the basis of fardbeyan of opposite party no.2, first information report vide Khodawanpur P.S. Case No.29 of 1996 was registered for the offence under section 354 of the Indian Penal Code. It appears that after investigation final form was submitted by the police. It also appears that a protest petition was filed on behalf of the informant. Subsequently, the protest petition was kept on complaint side. Thereafter, the complainant was examined on solemn affirmation and in support of the complaint case four witnesses were examined. After examination of materials available on the record including the complaint petition, statement of complainant on solemn affirmation and the evidence of four witnesses, the learned Magistrate by its order dated 19.2.1999 took cognizance of the offence under section 354 of the Indian Penal Code.