RAJESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 12.1.2004 passed by Shri Vinay Kumar Shirvastava, J.M. 1st Class, Gaya in Case No. 2242 of 2001/Tr. No. 956 of 2003 by which cognizance has been taken against the petitioners under sections 365, 343 and 323/34 of the Indian Penal Code.

(2.) IT appears that the Fardbeyan of one Rana Pratap Sharma (Opposite Party No.2) was recorded by the Officer -in -charge of Kotwali Police Station, Civil Lines, district Gaya in Pilgrims Hospital, Gaya in which the informant has alleged his abduction by the petitioners. The formal F.I.R. was drawn up and the case was investigated. Final report was submitted as case false and a proceeding under sections 182 and 211 of the Indian Penal Code was recommended by the police against the Opposite Party No.2. The final report was accepted. Thereafter, the informant filed a complaint -cum -protest petition. After examining the complainant on solemn affirmation and the statements of the witnesses examined under section 202 Cr.P.C. and considering their statements the impugned order was passed by the learned Magistrate.

(3.) HE further submitted that no eye witness has been examined in enquiry and the statements of the witnesses do not make out a prima facie case against the petitioners.