NARESH CHANDRA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 10.4.2002 passed in Cr. Rev. No. 89 of 2001 by the learned Sessions Judge, Katihar whereby and whereunder he set aside the order dated 3.8.2001 passed by the learned Chief Judicial Magistrate, Katihar in protest/Complaint Case No. 367/2000 dismissing the complaint petition under Section 203 of the Code.

(2.) It appears that opposite party No. 2, Deepak Chandra Das had filed a Complaint Case No. 452 A/1998 against the present petitioners. On receiving this complaint petition the learned Chief Judicial Magistrate, Katihar sent it to the police station for lodging an FIR and for investigation. The police registered Barsoi P.S.-Case No. 32/1999 on the basis of this complaint petition. After completion of investigation the police found the prosecution case false and concocted and recommended and for action under Sections 182 and 211 of the Indian Penal Code against opposite party No. 2. The learned Chief Judicial Magistrate accepted this final report submitted by the police. He, however, initiated an enquiry under Section 202 of the Code on the basis of a protest petition (C.A. No. 367/2000) filed against the final report submitted by the police. Subsequently after holding an enquiry under Section 202 of the Code the learned Chief Judicial Magistrate dismissed the complaint petition under Section 203 of the Code. Against this order of dismissal Cr. Revision No. 89 of 2001 was filed which was heard and disposed of by the learned Sessions Judge by passing the impugned order in which he directed that the complainant should be given a chance to make necessary amendment in the complaint petition for removing the technical defects. It is against this order that the present criminal miscellaneous petition has been filed.

(3.) From the facts stated in the present application it appears that the parties are on litigating terms from before and several cases have been filed on behalf of the opposite party No. 2 as also on behalf of the victim girl China Das. For the disposal of the present application I am not required to give the details of those cases. As stated above Complaint Cases No. 452 A/1998 was filed by opposite party No. 2 in the Court of the Chief Judicial Magistrate, Katihar on 4.4.1998 in which the following prayer has been made: