VINAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State. Even though the complainant/Opposite Party No. 2 has entered appearance through an advocate but no one appears on behalf of the complainant/Opposite Party No. 2.

(2.) This application has been filed for quashing of the order dated 07.08.2013 passed by learned Chief Judicial Magistrate, Vaishali in connection with Bhagwanpur P.S. Case No. 29/2013 (Trial No. 6897/2013) by which learned Magistrate has taken cognizance for the offence punishable under Section 429 and 504 of the Indian Penal Code read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989.

(3.) Learned counsel for the petitioner submits that the prosecution of the petitioner in the present case is totally mala fide prosecution which he has specifically pleaded in paragraph 12 of the petition and the same has not been controverted or denied in any manner by the complainant/Opposite Party No. 2. In support of his statements, he has enclosed the materials such as copy of the certified copy of the Bhagwanpur P.S. Case No. 277/2012 under Section 420/120(B) and Section 34 of the Indian Penal Code.