SARITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Section 482 of the Cr.P.C. has been filed for quashing the order dated 16.10.2009 passed by learned Sub Divisional Judicial Magistrate, Birpur in Birpur P.S. Case No. 29 of 2008 corresponding to G.R. No. 94 of 2008 by which and whereunder he took cognizance for the offences under Sections 166, 420, 467, 120 B/34 of the Indian Penal Code.

(2.) THE brief fact, which lies to file this quashing petition, is that Opposite Party No. 2 filed complaint case bearing Complaint Case No. 538 C of 2007 in the court of Sub Divisional Judicial Magistrate, Birpur and the aforesaid complaint case was sent to concerned police station for institution of the first information report and investigation and accordingly, Birpur P.S. Case No. 29 of 2008 under Sections 166, 420, 467, 463, 471, 120 B/34 of the Indian Penal Code was registered against the petitioners and others. The case was investigated by the police and after due investigation police submitted final form finding the accusation untrue. The learned Sub Divisional Judicial Magistrate, Birpur having perused the final form took cognizance of the offences as stated above differing with the findings of the police and passed the impugned order against which this quashing petition has been preferred.

(3.) NOTICE was issued to Opposite Party No. 2 by this Court and Opposite Party No. 2 made his appearance through his learned counsel and also filed counter affidavit.