KUMAR RANVIJAY @ ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for opposite party No. 2 and learned Additional Public Prosecutor for the State.

(2.) This application has been filed for quashing the order dated 09-04-2012 passed by learned Sub Divisional Judicial Magistrate, Khagaria in G.R. No. 1657 of 2004 arising out of Parbatta P.S. Case No. 248 of 2004 by which, the learned Magistrate has rejected the petition filed u/S 239 of the Cr.P.C. by the petitioner.

(3.) It has been submitted on behalf of petitioner that no occurrence as alleged in the FIR has taken place. The instant case has been registered at the behest of In-charge, R.P.F. who is an accused in Complaint Case No. 120/93 lodged by father of the petitioner while he was posted as Inspector of RPF, Barauni, which is pending before the learned Sub Divisional Judicial Magistrate, Dalsingsarai for the offences under Sections-379, 323, 504 & 147 of the Indian Penal Code. It has further been submitted that no offence u/S 384 of the Indian Penal Code is made out. Furthermore, there is allegation of mere apprehension of harm and threat in future and as such, material was not enough for framing charge. The petitioner was authorized purchaser having authority to receive the auctioned scrap.