PRITHVI BHAGAT Vs. BIRJU SADA

JUDGEMENT

(1.) This is a reference, under Section 438 of the Code of Criminal Procedure, hereinafter referred to as the Code; by the learned Additional Sessions Judge, Bhagalpur, recommending that the order dated the 11th February 1961, of the learned Magistrate summoning the petitioners to take their trial be quashed.

(2.) The facts, leading up to the present reference, may briefly be stated as follows:

(3.) One Birju Mushar filed a complaint on the 28th October 1960, against the petitioners under Sections 436, 323 and 504, Indian Penal Code, before Mr. R. Mishra, Sub Divisional Magistrate at Madhipur. The learned Sub-Divisional Magisrtrate took cognizance of the case, and, after examining the complaint opposite party sent the complaint for enquiry and report to the officer-in-charge, Singheshwar Police Station. On the 16th December, 1960, the report of the Enquiring Officer was received, in which he reported that the complaint was totally false. After perusing the said report, the learned Sub Divisional Magistrate, in presence of the complainant, dismissed the complaint under Section 203 of the Code on the same date.