PANNALAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.PC has been preferred by the petitioner against the impugned order dtd. 25/4/2016 passed by learned Judicial Magistrate, Ist Class, Bettiah, West Champaran in Complaint Case No. 269C of 2015 corresponding to Trial No. 3022 of 2016, whereby learned Magistrate has taken cognizance of offence punishable under Sec. 147, 148, 489 and Sec. 385 of the Indian Penal Code against the petitioners.

(2.) The factual background of this case is that the Opposite Party No.2/Raghubar Sharan submitted his written report to the Officer-in-Charge, Police Station-Shikarpur, Narkatiyaganj, West Champaran whereupon, Shikarpur P.S. Case No.86 of 2013 was registered on 19/3/2013 against the petitioner/ Pannalal Sah and 15-20 unknown persons for the offences punishable under Ss. 147, 148, 489 and 385 of the Indian Penal Code.

(3.) In pursuance of the said FIR, the police conducted the investigation, but after investigation, the police filed closure report finding the case untrue against the petitioners. The closure report was accepted by learned Magistrate. However, the protest petition filed by the Opposite Party No.2 was treated as Complaint and after inquiry under 200 Cr.PC, learned Magistrate has passed the impugned order taking cognizance of offence against the petitioners.