VISHWANATH TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) By this application under Section 482 of the Code of Criminal Procedure, the petitioners, who are accused in Complaint Case No. 703 (C)/91, have impugned the legality of the order dated 17-2-1992 of the Judicial Magistrate, 1st Class, Patna, whereby the application filed by the petitioners for dropping the complaint was turned down on the erroneous impression that he had no power to drop the proceeding since cog nizance was taken and processes issued.

(3.) The Supreme Court has considered this question in K.M.Mathew v. State of Kerala and another, (1992) 1 S.C.C. 217, in which case the Supreme Court held that under Section 204, Cr. P.C. even after issue of process in summons case, accused can plead absence of any triable case against him and Magistrate, on being satisfied on reconsideration of the complaint, has discretionary power to order dropping of the proceedings against the accused. Jagannatha Shetty. J. in para-8 of the Report held as follows: