BIGAN SINGH @ BAIDHYA JEE Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This application has been filed for quashing the order dated 09-04-2014 passed by Sri A. Kunal, J.M. Darbhanga in L.N.M.U. P.S. Case No. 204 of 2012 by which, the learned Magistrate after holding inquiry under section 202 Cr.P.C. found prima facie case against the petitioners for offence under sections 341, 323, 504, 379, 34 of the Indian Penal Code. It has been submitted that entire prosecution case filed by the informant is false and concocted.

(3.) It has been filed in retaliation of earlier case filed by the petitioners vide Town P.S. Case No. 197 of 2008 against the informant and others for the offence under Sections-341, 323, 379, 420 of the Indian Penal Code which also finds mention in the written report filed by the informant for committing cheating with the petitioners in executing the sale deed. Later on, the petitioner No. 1 learnt that the land, in question, has already been sold to other person. The police has submitted charge sheet in the aforesaid case and now, cognizance has already been taken. The trial is also proceeding in that case.