RAJESHWAR VISHWAKARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 10.1.2008, passed by the Chief Judicial Magistrate, Samastipur In G.O. Case No. 3 of 2000, arising out of Non-F.I.R. No. 5 of 2006 dated 1.12.2006 in which cognizance has been taken under Sections 182 and 211 of the Indian Penal Code.

(2.) A complaint case was instituted by one Rajeshwar Vishwakarma in which it is alleged that while he was in his house, four persons came and took his son Ashok Kumar to the railway station. Ashok Kumar did not return in the night as a result of which his family searched for him and thereafter gave information to the police who refused to lodge any Sanha or F.I.R. The informant apprehended that his son had been kidnapped for the purpose of forcing him into marriage. A complaint was lodged which was later registered as Samastipur Town P.S. Case No.518 of 2005.

(3.) The police after investigation submitted a report for action under Sections 182 and 211 of the Indian Penal Code. The Court accepted the final form and thereafter found material to proceed under Sections 182 and 211 of the Indian Penal Code and took cognizance of the offences aforesaid.