VISHESH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN spite of notice issued and validly served on respondent No. 5, the complainant, none has appeared on his behalf.

(2.) PETITIONERS have filed this writ application ostensibly for quashing the initiation of criminal prosecution against them on basis of a written complaint (Annexure -7) being Complaint Case No. 1180 of 2002 filed by respondent No. 5 in which the petitioners have been made accused persons. The complaint was filed on 12.08.2002 and on 13.08.2002, in terms of Section 156(3) of Criminal Procedure Code, the learned Additional Chief Judicial Magistrate, Siwan, referred the matter to the police for investigation who then on basis of the said complaint instituted Siwan (Town) P.S. Case No. 128 of 2002 on 22.08.2002, under Sections 500, 501 and 295(A) of the Indian Penal Code.

(3.) AS noted above in spite of notice complainant has chosen not to appear. However, a counter affidavit has been filed on behalf of the State which has mainly reiterated the allegations as made in the complaint and has stated that as the matter has been referred by the learned Additional Chief Judicial Magistrate in terms of Section 156(3) Criminal Procedure Code Police had no option but to register a case and proceed with the investigation. It is, further, stated in course of investigation except for the complainant who in his further statement has mainly reiterated the complaint no other witness came forward to be examined nor was the complainant able to produce any witness much less though named in the complaint and the Police could not trace them out as the complainant did not supply any address of those witnesses.