RAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

(2.) The learned counsel for the petitioner submits that the present application has been filed seeking quashing of the order dtd. 29/8/2018 passed by the learned Additional Chief Judicial Magistrate-VII, Gaya in Complaint Case No.806 of 2014, whereby the prayer of the petitioner for discharge from the proceedings of the complaint case has been rejected in a mechanical manner.

(3.) It is next submitted that the complainant filed Complaint Case No.806 of 2014 in the Court of the learned Chief Judicial Magistrate, Gaya against the petitioner and other accused persons alleging that a Title Suit bearing No.43 of 2011 is going on in the Court of learned Subordinate Judge- 3rd, Gaya in which a witness namely, Raj Kumar has been produced for examination and cross-examination by the petitioner and other accused persons and an affidavit dtd. 7/4/2014 has been filed in the said case wherein address and profession has been mentioned as resident of Mohalla Barki Delha and detail of service respectively. It is next alleged that during cross-examination in Paragraph-15, the said witness had stated that he is an employee in Sanjay Gandhi Mahila College, Gaya for the last 18 years, but the President of the said college has given a certificate dtd. 13/5/2014 denying such fact. It is next alleged that though in the affidavit he has stated about his address as aforesaid, but actually he is not from the said location. Thus, criminal conspiracy and criminal breach of trust has been committed by the accused persons in shape of providing information in course of evidence, which is fabricated. It is next alleged that accused persons are litigants and have also made impersonation. It is next alleged that on 20/5/2014 at about 10.00 A.M., when the complainant and his witnesses were moving near the Bus Stand, the accused persons abused and assaulted them and the petitioner also snatched golden chain from the complainant worth Rs.60,000.00 and other accused snatched Rs.5500.00 from the complainant. On alarm, they fled.