PRITHVI RAJ SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant application, filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the entire prosecution and the order dated 26th May, 1994 passed by the Judicial Magistrate, 1st class, Patna taking cognizance of the offences under Sections 420, 406, 465 and 468 of the Indian Penal Code in complaint Case No. 954(C)/1993.

(2.) The facts of the case lies in a very narrow compass:

(3.) It is stated inter alia in the application that after the complaint was filed, the Chief Judicial Magistrate did not take cognizance of the offence mentioned in the complaint petition by examining the complainant on solemn affirmation rather made over the file to the Judicial Magistrate under Section 192 of the Code of Criminal Procedure (hereinafter to be referred to as the 'Code') for enquiry and trial. The Learned Magistrate before whom the complaint was sent, after examining the complainant and after making necessary enquiry, took cognizance on 8th December 1993 against the petitioner and other accused persons under the aforesaid sections of the Indian Penal Code. The petitioner stated that he came to know of the proceeding only in the last week of September 1995 when steps towards execution of non- bailable warrant of arrest was taken against him.