BABI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 10.12.2004 passed by the 3rd Additional Sessions Judge, Saharsa in Criminal Revision No. 163 of 2004 whereby he has upheld the order dated 22.4.2004 passed by the learned Chief Judicial Magistrate, Saharsa in Complaint Case No. 307-C of 2004.

(2.) HEARD.

(3.) THEREFORE, when the complaint petition discloses the offence mentioned above and the order of the learned Magistrate shows that after perusing the statement of the complainant on S.A. and the statement of her mother which supports the above allegation, ordered to proceed against the petitioner and the co-accused Vijay Kumar Sinha, the learned Additional Sessions Judge was quite justified in not interfering with the order of the learned Magistrate. In the case of State of M.P. v. Awadh Kishore Gupta , it has also been held by the Apex Court that annexures to the petition under Section 482, Cr.P.C. cannot be treated as evidence without being tested and, hence, should not be acted upon by the High Court in exercise of its discretionary power. THEREFORE, on the basis of the annexures to the petition filed under Section 482, this Court also cannot hold that the alleged occurrence is false and the order issuing processes against the petitioner is illegal.