RAVI AMROHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India praying therein to quash order dated 12.3.1997 recorded by Sri Sri Rajeshwar Prasad Srivastava, 5th Additional Sessions Judge, Purnia, in Criminal Revision no. 174 of 1996 (Annexure -13) whereby and whereunder the order dated 14.2.1996 recorded by Sri B.R Singh, Judicial Magistrate, first class, at Kishanganj in Case no. 141(C) of 1995 was confirmed under which order the petitioner and others were summoned to face trial, the learned Magistrate having found the allegations to have been prima -facie proved under sections 448 and 380 of the Indian Penal Code.

(2.) THE facts, in short, are that one Kirpanand Jha, who was occupant of quraters no. 64A/64B of N.R Railways, R.P.R Colony at Kishanganj, had filed a complaint (Annexure -1) against the petitioner, Ravi Amrohi, said to be working as Assistant Engineer in the N.R Railways at Kishanganj and others alleging therein that when the complainant returned home on 23.10.1994 from Katihar, witnesses told him that Railway Officials and Police were seen on 21.10.1994 (in his absence) near his quarters and in the evening they had seen the Railway Officials and other accused taking away the goods belonging to the complainant from inside the house, and keeping the same at the outside verandah. As allegations go, thereafter the complainant with witnesses went to his quarters and found the right side of the door tampered with but the lock to be intact. Thereafter he filed the complaint petition which, by order dated 24.10.1994 (Annexure -2) was referred to the Officer - in -charge of the concerned Police Station for institution of case and investigation.

(3.) IT will further appear that on 23.2.1995 vide Annexure -3, the complainant filed a protest petition. It will also appear that after investigation the Police submitted final report (Annexure -4) finding the allegations to be absolutely false and recommending prosecution of the complainant/informant under sections 182 and 211 of the Indian Penal Code. On 28.3.1995, vide Annexure -5, the final report was accepted and the petitioner was directed to appear for his statement. Thereafter his statement was recorded and, as submitted, an enquiry under section 202 of the Code of Criminal Procedure (Code in short) was ordered in course of which three witnesses, whose statements are at Annexure -9, were examined Having gone through the complaint and materials on the record the learned Magistrate, where the case stood transferred earlier, recorded order dated 14.2.1996 summoning the accused to face trial.