NARAYAN MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under sec. 482 of the Code of Criminal Procedure for quashing the order dated 2.4.2005 passed by the learned Chief Judicial Magistrate, Purnea in Complaint Case No. 107/2005 by which he has taken cognizance under sections 147, 148, 149, 341, 342, 323, 307 I.P.C. against the petitioners for attempting to commit the murder of the Mukhiya Ram Kishore Chaudhary, the husband of the complainant.

(2.) HEARD both the sides.

(3.) AFTER receipt of the final report the learned Chief Judicial Magistrate proceeded with the protest petition. He recorded the statement of the complainant on S.A. and has examined eight witnesses produced by her including Ram Kishore Chaudhary. The learned Magistrate after considering the protest petition, the statement of the complainant on S.A. and the statement of the witnesses found a prima facie case against the petitioners under the above sections of the Indian Penal Code for assaulting the husband of O.R No. 2 and passed the impugned order.