LAKSHMI ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the matters arise out of order dated 13.02.2002, passed by learned Judicial Magistrate, Patna in Complaint Case No. 2219 (C) of 2001 whereby, on a consideration of materials brought on record in course of enquiry, learned court below found a prima facie case against the Petitioners and accordingly cognizance has been taken under Sections 161, 323 and 504 IPC and processes have been issued against the Petitioners. Petitioner of Cr. Misc. No. 6008 of 2002, during the relevant time was serving as the Chairman of the Bihar Public Service Commission (hereinafter to be referred to as the 'Commission'), whereas Petitioners of Cr. Misc. No. 8070 of 2002 were serving the Commission as its Secretary and Officer on Special Duty -cum -Budget Officer respectively. Since the issues are the same and both the applications are directed against the said order, both these matters, with the consent of the parties, have been heard together.

(2.) IT is noted at the outset that in spite of service of notice and filing appearance through counsel, no body has appeared on behalf of the complainant (o.p. No. 2) to resist/contest the present application.

(3.) IN course of enquiry under Sections 200 and 2002, witnesses were examined including the statement of the complainant on solemn affirmation. On a consideration of materials on record, learned court below passed the impugned order leading to filing of the present case.