BINDA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 15.7.2002 passed by the Chief Judicial Magistrate, Bettiah (wrongly mentioned as SDJM, Bettiah) in Majhauliya P.S. Case No. 223/98 by which he has rejected the prayer of the prosecution to take cognizance against opposite party Nos. 2 to 6 regarding the murder of one Ram Chandra Sah.

(2.) HEARD both sides.

(3.) LEARNED counsel for the petitioner submitted that there was sufficient materials against opposite party Nos. 2 to 6 in the case diary. Victim Bhikhari Sah in his statement under Section 164 of the Code has also named them as his abductors but the learned Chief Judicial Magistrate did not proceed against them and, hence, the impugned order is bad.