NURUL HODA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dhananjay Kumar, learned counsel appearing on behalf of the petitioners, Mr. K. B. Verma, learned counsel appearing on behalf of the opposite party no. 2 and Mr. Matloob Rab, learned A.P.P. for the State. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 5.1.2007 passed in Tr. No. 839 of 2006 by which the learned Sub-Divisional Judicial Magistrate, Motihari rejected the application of the petitioners for discharge filed under Section 245 of the Code of Criminal Procedure.

(2.) Initially opposite party no. 2 filed Complaint Case No. 1199 of 1996 on 31.10.1996 in the court of the learned Chief Judicial Magistrate, Motihari, East Champaran which was referred to the police for institution of F.I.R. and investigation in exercise of powers conferred under Section 156(3) Cr. P.C. Accordingly, Motihari Town P.S. Case No. 19 of 1997 dated 21.1.1997 was registered under Sections 323, 448, 379 and 153 of the Indian Penal Code and investigation was taken up. The police investigated the case and found the accusation against the petitioners false and, thus, on 30.5.1997 a final report was submitted stating therein that the dispute was of civil nature.

(3.) The complainant-opposite party no. 2 thereafter filed a complaint in the form of protest in the court of learned Chief Judicial Magistrate, Motihari in the aforesaid police case on 19.9.1997 alleging therein that the Investigating Officer went in collusion with the petitioners and submitted a final report holding the dispute to be of civil nature. In the said protest petition, he had stated that when he received notice from the court regarding closure of the police case, he is filing protest petition which may be kept on record. The learned Chief Judicial Magistrate after hearing the opposite party no. 2 and perusing the final report submitted by the police accepted the police report and by order dated 3.11.1998 directed the protest petition to be treated as a complaint and made over the case to the court of learned S.D.J.M., Motihari, East Champaran, under Section 192 of the Code of Criminal Procedure for inquiry and trial.