TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The sole petitioner sought for quashing of the order dated 9-8-2006 passed by Sri V. P. Tiwary, Judicial Magistrate, Saran at Chapra in U.T. Case No. 157 of 2006 thereby and thereunder the learned Magistrate has taken cognizance against the petitioner and others under Ss. 342, 364-A and 379, I.P.C.

(3.) The alleged occurrence took place during preliminary election held in 1999. The uncle of the opposite party No. 2 was kidnapped as a result of political rivalry. He has not yet been traced out. First of all the opposite party No, 2 lodged police case before Mashrak P.S. bearing case No. 222 of 1999 arraying this petitioner and others as accused. The police after investigation found the case true but did not find complicity of this petitioner and other named accused. However, on the basis of the protest petition filed by the opposite party the complaint case was registered and the learned lower Court after holding enquiry under S. 202, Cr. P.C. has taken cognizance vide impugned order.