BINDESHWARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This petition has been filed for quashing the order dated 31-05-2011 passed in Complaint Case No. 3632C of 2010 by learned learned Chief Judicial Magistrate, Araria by which and whereunder, the learned Magistrate after inquiry u/S 202 of the Cr. P.C. has found prima facie case against the petitioners for the offence under Sections-468, 420, 120(B) of the Indian Penal Code.

(3.) Counsel for the petitioner has submitted that it is a matter of purely civil dispute. No criminal offence is made out. It has further been submitted that initially, the complaint was filed which Patna High Court Cr.Misc. No.43277 of 2011 dt.02-11-2017 was sent to the concerned police station u/S 156(3) of the Cr.P.C. The police after investigation submitted final form as mistake of fact. Thereafter, on the basis of protest petition, the Magistrate proceeded u/S 202 of the Cr.P.C. and found prima facie case against all the petitioners by the impugned order.