BARISTER RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 10.7.2002 passed by learned Chief Judicial Magistrate, Bettiah in Complaint Case No. 499(C) of 2001 by which he dismissed the complaint petition under Section 203 of the Code. By filing supplementary affidavit further prayer has been made to quash the order dated 16.1.2002 passed by learned Chief Judicial Magistrate by which the final form has been accepted without hearing the petitioner informant.

(2.) IT appears that the petitioner filed a petition of complaint vide Complaint Case No. 612 C/2001 against opposite party nos. 2 to 18 in the Court of Chief Judicial Magistrate Bettiah, District-West Champaran, a copy of which was sent to Mufassil Police Station under Section 156(3) of the Code for registration and investigation on the basis of which Mufassil P.S. Case No. 114/01 dated 5.6.2001 was registered in which the police after investigation submitted final report as untrue. IT appears that after 31.9.2001 the said final report was received in the Court of Chief Judicial Magistrate, Bettiah. When the matter was under the police investigation, the informant on 22.6.2001 filed a protest petition. On receipt of final report, notice was issued to the informant and the learned Magistrate by order dated 16.1.2002 accepted the final report and treated the protest petition as complaint and transferred the case to his personal file for examination of complainant on solemn affirmation. IT is said that no notice was given to the informant and the learned Magistrate by order dated 18.7.2002 dismissed the complaint.

(3.) FROM what has been mentioned it is clear that the informant petitioner had no notice that the learned Incharge Chief Judicial Magistrate was going to pass final order on 16.1.2002 on the final report submitted by the police. The order dated 16.1.2002 was passed in absence of informant of which he had no knowledge. Thus the order dated 16.1.2002 passed by learned Incharge Chief Judicial Magistrate is not sustainable in the eye of law.