LAWS(PAT)-2017-6-66

BINOD KUMAR @ MITHU Vs. STATE OF BIHAR

Decided On June 20, 2017
Binod Kumar @ Mithu Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners, by means of this application under section 482 of the Code of Criminal Procedure, have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 28.09.2013, passed by Smt. Rachna Srivastava, Judicial Magistrate, 1st Class, Nalanda at Biharsharif, in Complaint Case No. 441 C of 2012, whereby cognizance has been taken against the petitioners for the offences under section 379, 467, 468, 420/34 of the Indian Penal Code.

(3.) The contention of the learned counsel for the petitioner is that petitioner no. 3, Rajesh Kumar Singh had filed a complaint Case No. 386 C of 2012 in which cognizance has been taken (Annexure-1). In retaliation, the present complaint has been filed (Annexure-2). Learned Magistrate dismissed the complaint under section 203 Cr.P.C. (Annexure-3). Complainant preferred revision against the order of the Magistrate which was allowed and the matter was remitted back to the Court below vide order dated 17.07.2013 passed in Cr. Revision No. 227 of 2012 (Annexure-4). Thereafter learned Magistrate took cognizance against the petitioners without following the mandatory provision under section 398 Cr.P.C. learned counsel submits that cognizance has been taken without application of mind. Thus, the same deserves to be quashed.