BALKRISHNA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed u/s. 482 of the Code of Criminal Procedure for quashing the order dated 6.10.2004 passed by the Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No. 2101/2003 by which he has found a prima facie case against the petitioner u/s. 417 of the Indian Penal Code and has directed to issue summons against him.

(2.) Learned counsel for the petitioner submitted that the allegations appearing in the complaint petition are false. The cognizance taking Magistrate also disbelieved the allegations regarding committing rape on the complainant/O.P. No. 2 and did not take cognizance u/s. 376 of the Indian Penal Code So far finding a prima facie case against the petitioner u/s. 417 of the Indian Penal Code learned counsel submitted that the facts stated in the complaint petition simply disclose a case of civil nature and hence, the impugned order is fit to be set aside on this very ground. In support of his submissions he relied on the decision of the Supreme Court reported in 2006 6 SCC 669.

(3.) Counsel appearing for O.P. No. 2 opposed the submissions and defended the order.