SATYA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the Respondent-State as also the learned Counsel appearing for the complainant-Respondent No. 5.

(2.) The Petitioner challenges the order dated 27th of September, 2005 passed by the Chief Judicial Magistrate, Nawada, as contained in Annexure 1,whereby the complaint filed by the complainant (Respondent No. 5), as contained in Annexure 2, was sent to the police purportedly under Section 156(3) of the Code of Criminal Procedure. Consequently, the police registered First Information Report, vide Nawada Sadar Kaukoel (Rupo) Police Station Case No. 78 of 2005, on 30th of November, 2005 for the alleged offences under Sections 364, 302 and 201 of the Penal Code on account of alleged disappearance and killing of the son of the complainant.

(3.) It is submitted on behalf of the Petitioner that the complainant-Respondent No. 5 for the same occurrence had earlier filed a complaint case, vide Complaint Case No. 529/2005, on 28.7.2005 in the court of the Chief Judicial Magistrate, Nawada, which was dismissed by order dated 21.9.2005, as contained in Annexure 7. From perusal of the said order it would appear that on the request of the complainant, the case was dismissed and no evidence was adduced and accordingly there was no occasion for issue of summons to the accused persons. It is, accordingly, submitted that having got the first complaint dismissed, it was not open for Respondent No. 5 to file a fresh complaint and, as such, there was no justification in law for sending the second complaint to the police for registering the First Information Report and proceeding accordingly.