KAUNAIN AKHTAR @ MD KONEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order of cognizance dated 29.5.2004 passed by the Chief Judicial Magistrate, Madhubani in Trial No. 508 of 2004 thereby and thereunder the court below has taken cognizance under Sections 323 and 379 of the Indian Penal Code against the petitioners.

(3.) It appears from the record that originally the complaint case bearing no. 1047 of 1999 was filed by Opposite Party no. 2 since deceased against four persons including the petitioners under Sections 406, 323 and 379 of the Indian Penal Code. The same was sent to Benipatti police station for registering the case. The police registered a case bearing Benipatti P.S.Case No. 15 of 2000 against the petitioners and others. However, after investigation the police submitted final report. But the court below proceeded on protest petition filed by Opposite Party no. 2.