RIMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner, Sri Jfwkhandi Upadhyay, learned A.P.R for the State and Sri D.K. Tandon, Opposite Party no.2 (complainant).

(2.) It appears that a complaint petition bearing No. 378/03 was filed by Ram Jatan Tiwary, O.P. No.2 herein which under Sec.156(3) Cr.P.C. was sent to the concerned P.S. and Dhaka P.S. case No. 58/2003 was registered. It further appears that after due investigation police submitted chargesheet No. 86/2003 against Bankey Bihari Tiwary, Nand Kishore Tiwary and Kalawati Devi against whom cognizance was taken and the investigation remained pending as against the other accused. Thereafter on 6.11.2003 a supplementary chargesheet No. 119/2003 was submitted in which the petitioner herein and two others were not sent up for trial. However, the learned S.D.J.M. Sikrahana, on the basis of a petition filed by the complainant/informant took cognizance against the petitioner herein and discharged the remaining two.

(3.) From the impugned order dated 12.9.2004/13.9.2004 it appears that the learned Magistrate found sufficient materials in paragraph nos. 7, 8, 20, 22, 23 and 25 of the case diary which prompted him to take cognizance also against the petitioner herein.