MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure 1973 (in short 'the Code '). It has come up for admission.

(2.) THIS application has been filed for quashing the order dated 28.11.2002 passed by the learned Sub Divisional Judicial Magistrate, Dalsingsarai by which he took cognizance of the offence under Section 302 of the Indian Penal Code on the basis of a belated protest petition filed by the opposite party No. 2. and also ordered for issue of summons.

(3.) THE parties have been heard at (sic)oth with respect to the present application. I have perused the impugned order (sic) in which the learned Judicial Magistrate had examined the evidence of three witnesses examined by him in course of the enquiry. He came to the conclusion (sic) a prima facie case under Section 302 the Indian Penal Code has been made after examining the post mortem extension report, viscera report and the defence on record. He, accordingly, ordered for issue of summons against the accused persons who are the present Petitioners.