GOVIND MODI SON OF BAIJU MODI AND ORS., Vs. STATE OF BIHAR AND PUSHPA DEVI WIFE OF LAXMAN PRASAD BARNWAL, RESIDENT OF VILLAGE-CHANDAN, P.S.- CHANDAN, DISTRICT-BANKA

JUDGEMENT

(1.) HEARD Mr.Ranjan Kumar Jha, learned counsel for the petitioners and Mrs. Veena Kumari Jaiswal, learned A.P.P. for the State. No one appears on behalf of the opposite party no. The prayer is for quashing of the order dated 5.1.2007 passed by the learned Chief Judicial Magistrate, Banka in Chandan P.S. Case No.52 of 2006 by which finding a prima facie case to be made out under sections 436/34 and 120B of the Indian Penal Code he has summoned the petitioners to face trial.

(2.) IT is submitted that the present case was registered as counter blast of the case registered by petitioner no. 1 Govind Modi, being Chandan P.S.Case No.51 of 2006 dated 18.10.2006 under section 436/34 of the Indian Penal Code. Learned counsel submits that though upon investigation, the investigating officer found no material against the petitioners but the supervising authority found the allegation true and directed the investigating officer to submit charge -sheet against the petitioners and, accordingly, they were sent up for trial. The learned Magistrate failed to apply his mind while taking cognizance of the offence and summoning the petitioners to face trial.