UPENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 1.3.2001 passed by the Judicial Magistrate, 1st Class, Vaishali at Hajipur in Tr. No. 170/2000 by which the learned Magistrate has taken cognizance against the petitioner under section 406 of the Indian Penal Code.

(2.) LEARNED counsel appearing on behalf of the petitioner has submitted that the first complaint case sent for investigation under section 156 (3) of the Code of Criminal Procedure (in short 'the Code1) and police after investigation submitted final form. A protest petition was also filed earlier treating the case as complaint case cognizance was taken and thereafter direction was given to file requisites. It has been further submitted that the complainant did not pursue the case and it was dismissed. Thereafter a fresh complaint was filed and cognizance has been taken which is bad in law. It has been further submitted that second complaint is not maintainable as the same facts have been stated in the present complaint petition.

(3.) ACCORDINGLY , the order dated 21.3.2001 is hereby quashed and this application is allowed.