SHARMA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application filed u/s. 432 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 26.7.2005 passed by Sri D.K. Mishra, J.M. 1st Class, Bettiah in Complaint Case No. 1715 -C of 2001 by which he has ordered to issue summons against the petitioners to face trial for the offences under Secs. 498 -A and 323 of the Indian Penal Code.

(3.) THE complainant was examined on solemn affirmation. She also examined three witnesses in enquiry u/s. 202 of the Code. The learned Magistrate after considering their statements found, a prima facie case under Secs. 498 -A and 323 of the Indian Penal Code against the petitioners and passed the impugned order.