RAM SWARUP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application filed under S. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 3-6-2003 passed by the Additional Sessions Judge IV, Vaishali at Hajipur in Sessions Trial No. 82 of 2001 by which he has rejected the petition of the petitioners under S. 227 of the Code to discharge them.

(2.) Heard learned counsel for the petitioners and learned A.P.P. for the State. No one appeared for opposite party No. 2.

(3.) It appears that a complaint was filed by opposite party No. 2 against the petitioners before the Chief Judicial Magistrate, Vaishali for taking action against them for the offence under Ss. 363, 364, 368, 387/ 34 of the Indian Penal Code for wrongfully abducting him and his son and keeping them confined and threatening them to commit their murder unless the complainant (opposite party No. 2) executed a sale deed in respect of his house and land situated in village Desri, Vaishali. The complainant was examined on solemn affirmation and examined three witnesses in enquiry under S. 202 of the Code. The petitioners thereafter was summoned to face trial under Ss. 363, 364, 368, 387/34 of the Indian Penal Code. The case was committed to the Court of Session for trial.