SURESH SINGH 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 30.7.2005 passed by the Additional Sessions Judge -cum -Fast Track Court No. Ill, Biharsharif in Sessions Trial No. 639 of 2003 by which he has rejected the prayer of the petitioners to discharge them under section 227 of the Code. Heard learned counsel for the petitioners.

(2.) IT appears that one Sheo Nandan Prasad of village Doia, P.S. Noorsarai, District Nalanda filed a petition of complaint before the Chief Judicial Magistrate, Nalanda at Biharsharif against the petitioners. The complaint was sent to the police station for institution of the case and for investigation. Accordingly, Bihar (Soh) P.S. Case No. 37/2001 under sections 364, 364 -A/34 of the Indian Penal Code was registered.

(3.) IT further appears that after investigation the police submitted final report as 'case false'. However, cognizance was taken and the case was committed to the Court of Session.