BHARTI TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been directed against the order dated 3.12.1998, passed by the Additional District Sessions Judge, VIII. Patna in Criminal Appeal No. 108 of 1997 by which the learned court beloy set aside the order dated 30.5.1997 passed by the Sub-divisional Magistrate. Sadar. Patna in case No. 667/(M)/ 94 and directed him to make an inquiry into the matter under Section 340 of the Code of Criminal Procedure.

(2.) Some of the essential facts relating to the present revision application may be briefly stated as hereunder :

(3.) There was a proceeding under Section 107 of the Code of Criminal Procedure, in which the petitioner was first party and opposite party Nos. 2 to 4 were the second party, bearing case No. 19(M)/94 of the Court of Sub-divisional Magistrate, Patna. The proceeding was initiated at the instance of the petitioner who submitted a written report to the Officer-in-Charge of Kankarbagh Police Station on 12.12.1993 against opposite party Nos. 2 to 4 in which it was alleged that the O.Ps. went to the residence of the petitioner and threatened him with dire consequences for vacating the house in which she was living. The police made an inquiry and submitted a report to the Sub-divisional Magistrate. Patna praying thereto to initiate a proceeding under Section 107, Cr PC against both the parties and accordingly the proceeding was initiated. The learned Sub-divisional Magistrate, Patna vide his order dated 7.4.1994, however dropped the proceeding holding that it is a false case which was filed only to malign the second party. The. petitioner preferred a revision against the order passed by the Sub-divisional Magistrate which was also dismissed by the Sessions Judge vide his order dated 24.4.1995 passed in Criminal Revision No. 259 of 1994. Thereafter, opposite party Nos. 2 to 4 filed a petition before the Sub-divisional Magistrate, Patna for initiating a proceeding against the petitioner under Section 182/211 of the Indian Penal Code. The learned Sub-divisional Magistrate vide his order dated 30.5.1997 rejected the petition against which an appeal was preferred before the Sessions Judge and the appeal was transferred to the file of Additional Sessions Judge who passed the impugned order as stated above.