NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Both the petitioners, who have been directed vide order dated 30.12.2010 passed by Sri Amit Ranjan Upadhyay, Judicial Magistrate, 1st Class, Patnacity to face trial for an offence punishable under Sections 323, 504, 341, 379/34 in relation to a Complaint Case No. 915/2010, have preferred instant petition with a prayer to quash the same.

(2.) In spite of having been noticed, the O.P. No. 2/Complainant, Vijay Kumar Patel failed to appear whereupon the matter has been heard in absence thereof.

(3.) As is evident from different annexures, initially Daniyava PS Case No. 11/2009 was registered on the basis of the written report submitted by O.P. No.2 on 23.03.2009 whereupon investigation commenced and concluded and subsequently thereof, the final report was submitted as mistake of fact which was accepted by the learned lower court. Protest petition was filed during midst thereof, whereupon the same was treated as complaint petition numbered as Complaint Case No. 915/2010 where under the O.P. No.2/complainant was examined on S/A, witnesses were also examined during course of enquiry proceeded in terms of Sec. 202 of the Cr.P.C and by the order impugned, the petitioners have been summoned to face the trial against which the instant petition has been preferred challenging the same.