ARVIND KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The present application has been filed for quashing the order dtd. 9/12/2015 passed in Tr. No. 1679/16, arising out of Complaint case no. 3067/15 dtd. 25/8/2015 passed by learned J.M. 1st Class, Vaishali at Hazipur, where cognizance was taken for the offences under Sec. 379 of the Indian Penal Code.

(3.) Prosecution case in brief is that one Sandhya Pandey wife of Rakesh Shukla of village Chota Birjapur, P.S. Adalahat, District- Mirjapur (U.P.), filed a complaint case before learned Chief Judicial Magistrate, Vaishali at Hazipur on 25/8/2012, alleging precisely therein inter alia that the complainant alongwith her father-in-law went at her parents' house. On 23/8/15 at 4.00 P.M. all accused persons arrived at her parents' house and told to visit Harihar Nath Temple at Sonepur, therefore, they all went there. She arranged their food and bed, they take their meal and stayed there. In the next morning on 24/8/15, all persons were not found there and door of her room was also broken. She further stated that a briefcase containing gold ornaments, cash and charger were also not there. She stated that they fled away with aforesaid articles, she informed the Officer-in-charge of Sadar (Hazipur) P.S. but case was not registered.