BHOLA DAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') has been filed by the petitioner for quashing the order dated 24.05.2011 passed by the learned Additional Chief Judicial Magistrate, Benipur by which the petitioner has been summoned to face trial for the offence punishable under Sections 376 / 511 of the Indian Penal Code.

(3.) The opposite party no.2, Kali Devi filed a complaint before the learned Additional Chief Judicial Magistrate, Benipur vide C.R. No.123 of 2010 stating therein that the complainant came her naihar and she went to attend the call of nature near kamla river. The accused Bhola Das who was sitting stealthily and when the complainant sat down to attend call of nature, the accused caught her and at the point of knife, he ravished her.