RAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 15-9-2003 passed by the learned Chief Judicial Magistrate, Begusarai in G. R. Case No. 288 of 2003 arising out of Naya Gaon P.S. Case No. 6 of 2003 by which differing with the police report the learned Magistrate had passed order for the issuance of the processes against the petitioners for facing the trial for the offences under Secs. 323, 380, 386, 120-B and 504 of the Indian Penal Code. Further it is also directed against the order dated 4th May, 2005 passed by the learned 4th Addl. Sessions Judge, Begusarai in Cr. Revision No. 536 of 2003 by which he dismissed the revision application filed before him.

(2.) The prosecution case, in short, is that one Ram Anuj Kanwar (opposite party No. 2) had filed a complaint petition before the learned Chief Judicial Magistrate, Begusarai making out various allegations against the present petitioners. It was registered as Complaint Case No. 92 of 2003. The learned Magistrate sent the same to the police under the provisions of Section 156(3) of the case where it was registered as Naya Gaon P.S. Case No. 6 of 2003. The police after completing the investigations submitted final form disclosing that the case was false and recommended for action under Sections 182 and 211 of the Indian Penal Code. In the meantime, a protest petition was filed by opposite party No. 2 against the police for investigating the case in a partisan manner and acting against him.

(3.) The final report was placed before the learned Chief Judicial Magistrate, Begusarai who did not accept the same. Differing with the conclusions arrived at by the police in the course of investigation he by the impugned order took cognizance of the offence under various sections mentioned above and transferred the case to the Court of Shri K. K. Singh, Judicial Magistrate, Ist Class, Begusarai. It is against this order that the present application has been filed.