ASHOK KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure ("the Code", in short) preferred by Ashok Kumar Tiwary, praying therein to quash order dated 26.8.1996 (Annexure -7) recorded by Sri R.S. Singh, Judicial Magistrate, first Class, at Barh in Complaint Case No. 26(C) of 1995, whereby and whereunder the learned Magistrate, after enquiry into the complaint had ordered issuance of summons against the accused for facing trial for offences punishable under Sections 504, 506 and 379 of the Indian Penal Code.

(2.) IT may be mentioned that opposite party No. 2, the complainant had appeared at the initial stage itself and when this case was admitted for hearing by order dated 25.11.1997, no notice was issued to OppositeParty No. 2 since he had already made appearance in the case. However, this case was heard on 30.8.2001 and today with the name of learned counsel for Opposite Party No. 2 printed in the list, but no one appeared to argue on his behalf. Therefore, learned counsel for the petitioner and learned Additional Public Prosecutor have been heard.

(3.) THE facts of the case, in short, are that one Ram Naresh Sharma, Opposite Party No. 2, filed complaint in the lower Court against the petitioner alleging therein that the complainant was Chief Secretary to Gram Swarajya Samiti constituted in his village which Samiti provided implements to the farmers. It is alleged that since the work of boring was to start, the materials to be used therefor were stored before the house of witness No. 6, Ramashish Singh.