RABRI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to make correction in the first paragraph of the petition. Mr. Chittaranjan Sinha, learned senior counsel appearing on behalf of the petitioner, challenges the order dated 1.9.2006 passed in Rajnagar P.S. Case No. 135 of 2005 by the learned Chief Judicial Magistrate, Madhubani, whereby cognizance has been taken under Section 171-B(i) of the Indian Penal Code.

(2.) The ground for assailing the aforementioned order is that assuming but not admitting the allegation in the first information report to be true, no offence under Section 171-B(i) can be said to have been made out.

(3.) A first information report was lodged by one Anjani Kumar Singh, alleging that on 30.10.2005, the petitioner during campaigning for election, had given a shawl from her side to an old woman. This was violative of the model code of conduct, which was operating during the election time.