PARTHO MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the aforesaid petitions arise out of same impugned order and, as such, both the petitions were heard together and are being disposed of by the common Judgment.

(2.) BOTH the aforesaid petitions were filed under Section 482 of the Code of Criminal Procedure with a prayer to quash of an order dated 14.2.2002 passed by the learned Judicial Magistrate,1st Class ,Patna in Complaint Case No. 21( C) of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 420,409 and 120B of the Indian Penal Code against seven accused persons, which include the petitioners in both the cases.

(3.) BESIDES hearing learned counsel for the petitioners in both the cases as well as learned Addl. Public Prosecutor, I have also examined the materials available on record. On the basis of assertion made in the complaint petition itself, the Court is satisfied that directly or indirectly, petitioners of both the petitions cannot be held responsible for omission/commission of any offence. On the basis of averments made in the complaint petition, it is clear that whatever offence was committed was committed by accused no.1. In view of absence of any material to proceed with the petitioners, the Court is of the opinion that the learned Magistrate, while passing the impugned order, has proceeded in a mechanical way without application of mind. The Court is of the considered view that allowing such proceeding so far as petitioners of both the cases are concerned, will amount to allowing abuse of the process of the court.