SHYAMNANDAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner 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 prayer has been made for quashing the order of cognizance dated 2.9.1995 passed by learned Sub -divisional Judicial Magistrate, Rosera in Complaint Case No. 357/95 corresponding to T.R. No. 852/95 as well as for quashing the entire prosectuion arising out of said complaint case.

(3.) IT appears that the complainant was examined on solemn affirmation and during inquiry under Sec.202 of the Code of Criminal Procedure (in short as the Code) two witnesses named Ashok Kumar Singh and Ajay Kumar Singh were examined and the learned Magistrate after being satisfied that there was sufficient materials for proceeding further against accused persons took cognizance and directed for issuance of summons against them. Against the said order of cognizance the petitioner has preferred the present application for quashing before this Court.