INDU SHEKHER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing of the entire criminal proceeding in Complaint Case No. 2868 (C) of 2005 including the order dated 4.10.2005 passed by the Chief Judicial Magistrate, Patna and the order dated 9.12.2005 passed by the Sub-Divisional Judicial Magistrate, Patna whereby the learned Sub-Divisional Judicial Magistrate has taken cognizance of the offence under Sections 116, 420, 166 and 167 of the Indian Penal Code and Section 15 of the Environment (Protection) Act, 1986 (in short, "the Act") and summoned the petitioners for facing trial for the abovesaid offences.

(2.) The brief facts of the case, are as follows:

(3.) It appears that after filing of the complaint in the court of the Chief Judicial Magistrate, Patna, the learned C.J.M. transferred the complaint case to the Court of the Sub-Divisional Judicial Magistrate, Patna under the provisions of Section 192 of the Code of Criminal Procedure. Thereafter the learned S.D.J.M. held enquiry and by impugned order dated 9.12.2005 took cognizance of the offence, as mentioned above and summoned the petitioners to face trial.