RADHEY SHYAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ajay Kumar Thakur, the learned counsel for the petitioner and Sri Jharkhandi Upadhaya, the learned A. P. P. for the State.

(2.) The petitioner who happens to be the complainant of Complaint Case No. C-20 of 1984 (Tr. No. 1959/06) pending in the Court of Sri Tribhuwan Nath, Judicial Magistrate, Ist Class, Muzaffarpur, is aggrieved by order dated 8-12-2006 passed therein whereby the learned Magistrate has rejected the petition filed by the complainant praying therein for issuance of fresh summons or in the alternative, a warrant of arrest against non-appearing witness Mithlesh Kumar Singh at the address of his present posting on the grounds that summons had already been issued to the said witness, that in a complaint case it is the duty of the complainant to produce his witnesses and that there had been a direction by this Court in Cr. W. J. C. No. 40/2006 to conclude the trial at the earliest.

(3.) The facts of the case may be noticed with relative brevity. Impleading the Vice Chancellor, Bihar University, as accused No. 1 and his Personal Assistant as accused No. 2, the complainant filed the complaint petition, alleging inter alia, that the two arrayed accused had arranged a meeting of the Bihar University Syndicate on 13-6-1984 at Birganj (Nepal) and in course thereof the accused had purchased two type-writers of Japanese origin and had smuggled the same into India. It is further alleged that the accused procured cash memo of a fictitious firm, namely, M/s. Desh Bandhu Traders, Mehsaul, Sitamarhi, an alleged dealer of Customs Goods which indicated that the price of the two typewriters was Rs. 3070 /- and duty charged thereupon was Rs. 3070/- thereby totalling an amount of Rs. 7140/-. It was further alleged that in fact no duty on the typewriters was paid and yet a sum of Rs. 7140/- was withdrawn from the Bihar University funds in the name of P. P. Singh, P. A. to accused No. 1 by cheque dated 16-8-1984 drawn on State Bank of India, Bihar University Branch against the said cash memo.