SUDAMA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application filed Under Section 482 Cr.P.C. is directed against the order dated 31.8.2005 passed by the Judicial Magistrate, 1st Class, Hilsa, Nalanda in Complaint Case No. 335C/2005 whereby the learned Magistrate has taken cognizance for offence against the petitioners Under Sections 323 and 504 I.P.C.

(2.) LEARNED Counsel for the petitioners submitted that the complainant had filed a police case bearing Hilsa P.S. Case No. 426/2004 dated 21.12.2004. The case was investigated and the police found the case not true and apart from submitting a final report against the petitioners, the I.O. also filed a complaint for initiating proceeding Under Sections 182 and 211 I.P.C. against the informant/O.P. of the present case. The said final report was also accepted by the Chief Judicial Magistrate but on the basis of the protest complaint petition filed by the complainant/O.P. No. 2 bearing No. 335C/2005 the learned Judicial Magistrate found sufficient materials to proceed with the case for the offences punishable Under Sections 323 and 504 I.P.C. and directed to issue summons against them.

(3.) COUNSEL for the O.P. opposed the submissions and contended that a bare perusal of the protest cum complaint petition would show that the offence against the petitioners is made out and the Judicial Magistrate has acted well within its jurisdiction in finding a prima facie case against the petitioners to proceed against them.