B.R.TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is an application for quashing the order dated 14.2.2003 passed by the Learned Judicial Magistrate, 1st Class, Darbhanga in CR. No. 379/2002, wherein and whereunder, the learned Magistrate held that the allegations against some of the accused persons set forth in the complaint petition are not proved, but provision of Sec. 166 of the I.P.C. appears to be true prima facie against the present petitioners and accordingly directed the office to issue summons.

(3.) IT has been submitted on behalf of the petitioners that after examination of the complainant on 4.6.2002 on solemn affirmation the learned Chief Judicial Magistrate, Darbhanga transferred the case to the Judicial Magistrate, Darbhanga for enquiry u/s 202 of the Cr.P.C The complainant - opposite party no. 2 examined two witnesses. It has been submitted that the learned Magistrate without properly appreciating the allegations set forth in the complaint petition as well as deposition of the witnesses examined during course of enquiry u/s 202 of the Cr.P.C. passed the impugned order dated 14.2.2003 holding that prima facie at the first instance the offence punishable u/s 166 of the I.P.C. against the petitioners appears to be true. It has been submitted that the aforesaid view is absolutely wrong and not tenable in the eye of law as no case whatsoever has been made out against the petitioners and as such the impugned order passed by the learned Judicial Magistrate is fit to be quashed.