ISHWAR DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the State. Nobody appears on behalf of the informant.

(2.) The petitioners have come against the orders dated 10-6-81 and 16-1-82 taking cognizance against the petitioners in a case under S.395, I.P.C. The First Information Report was lodged against the petitioners on 5-2-1981 for an offence punishable under S.395, I.P.C. in which the final form was submitted by the police on 29-3-81 saying that the case against the petitioners was false. In the meantime on 17-2-81 a protest petition was filed by the informant Saheb Dayal Singh before the Chief Judicial Magistrate, Bhojpur, alleging commission of dacoity in his house by the petitioners and others which gave rise to complaint case No. 114 of 1981. After submission of the final form the learned Magistrate on 10-6-81 passed the order as follows :- (as mentioned in Annexure-J to the petition).

(3.) Thereafter the case proceeded and on 16-1-82 the learned Chief Judicial Magistrate passed the orders that on perusal of the statements of the complainant on S. A. and those of P.W. 1, P.W. 2, P.W. 3, P.W. 4 and P.W. 5 I find that there are sufficient materials for proceeding against the accused persons named in the protest complaint under S.395, I.P.C. Accordingly issue summons to the accused persons to stand trial under S.395, I.P.C. Against this order the petitioners have come to this Court.