NAVIN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioners and the counsel appearing for opposite party no. 2.

(2.) PETITIONERS have filed this application for quashing the first information report of Samastipur Railway P.S. Case No. 54 of 2003 instituted on 8.7.200 against the petitioners for offence under Sections 498A and 376/34 of the Indian Penal Code. Further prayer of the petitioner is for quashing the order, dated 28.4.2004, passed by the Judicial Magistrate, Railway, Samastipur, whereby cognizance has been taken against the petitioners under Sections 498A and 376 of the Indian Penal Code. Petitioners ' counsel has submitted that the present case is a glaring example of malicious prosecution. In support of this fact, he has drawn my attention towards different com plaint cases and police cases instituted by opposite party no. 2 against the petitioners. The complainant -opposite party no. 2, in the present case, has alleged that she had gone to purchase spice in Muktapur Bazar Samiti alongwith several persons. After she met with the petitioners on way to Samiti, they asked her to stop, but she wanted to board the train. She felt thirst and get down of the train to fetch some water. In the meantime, train left the station and she was left on the platform. The accused Navin Mishra and Surendra Mishra started teasing her. They pressurized her to come with them to Rosera and forcibly she was taken towards bush and there she was raped by both the accused persons. On the basis of such allegations cognizance has been taken against the petitioners.

(3.) COUNSEL appearing for opposite party no. 2 has admitted that this case has been filed by opposite party no. 2. This is a case in which the Court should take action against opposite party no. 2 for filing false cases.