YOGENDRA PRASAD, SON OF LATE DUKHI SAH (WRONGLY MENTIONED AS DHUKHIT PRASAD) AND ANR. Vs. THE STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 20.05.2013 passed by the learned 1st Additional Sessions Judge, Madhubani in Cr. Revision No. 607 of 2011 by which he has dismissed the revision application preferred by the petitioners against the order dated 25.10.2011 passed by the learned Chief Judicial Magistrate, Madhubani in Complaint Case No. 189 of 2011 by which he has issued process against the petitioners for facing trial for the offence punishable under Sections 195, 263, 182, 500, 389 and 120-B of the Indian Penal Code.

(2.) The aforesaid summoning order dated 25.10.2011 was passed on the basis of complaint filed by one Raj Kumar Gupta alleging, inter alia, that he was falsely made accused in Jainagar P.S. Case No. 221 of 2009 dated 21.12009 under Sections 376, 511, 323 and 504 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and after investigation and supervision, the police had found the said case to be false and a report was submitted by the police under Section 182 and 211 of the Indian Penal Code against the informant and on 29.01.2010 one Renu Devi had filed an application through her lawyer saying that at the instigation of accused persons and on allurement of money, she had instituted aforesaid Jainagar P.S. Case No. 221 of 2009.

(3.) Pursuant to the institution of the aforesaid complaint under Section 200 of the Code of Criminal Procedure, the complainant was examined on solemn affirmation in which, he has supported the allegations made in the complaint. He stated that four accused persons including the two petitioners of the present case got a case lodged against him by a lady of scheduled caste with an allegation to attempt to commit rape and, during investigation, the case was found false. In course of inquiry under Section 202 of the Code of criminal Procedure four witnesses namely, Ram Kumar Paswan, Rajesh Pradhan, Ajay Kumar and Subhash Chandra Mishra were examined where after, the learned Chief Judicial Magistrate, Madhubani vide order dated 25.10.2011 summoned the petitioners and two others finding a prima facie case to be made under Sections 195, 203, 182, 500, 389 and 120-B of the Indian Penal Code.