UTTAM SENGUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and also learned A.P.P. on behalf of the State. None appears on behalf of opposite party no.2 to argue the matter.

(2.) In this miscellaneous application there is prayer for quashing the order dated 23/ 26.3.1997 passed by the Chief Judicial Magistrate, Gaya in Rampur P.S. Case No. 80/95 by which cognizance under Sections 502(B), 504 and 505 of the Indian Penal Code was taken against the petitioners and one more other person.

(3.) It appears that opposite party no.2/ complainant Dr. Govind Prasad filed Complaint Case No. 122/95 against the present three petitioners and one other for offence punishable under Sections 502(B), 504 and 505 of the Indian Penal Code the occurrence of which had taken place on 14.2.1995. It appears that a copy of complaint petition was sent to Rampur Police Station under Section 156(3) of the Code of Criminal Procedure on the basis of which the present case i.e. Rampur P.S. Case No. 80/95 dated 17.5.1995 was registered at the Police Station. It further appears that the police after investigation submitted final form in the shape of charge sheet under Sections 502(B), 504 and 505 of the Penal Code and accordingly cognizance was taken under the aforesaid sections of the Penal Code. Against the said order of cognizance, the petitioners have preferred the present application for quashing before this Court.