JITENDRA PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed for quashing the order dated 28.02.2017 passed by the learned Additional District and Sessions Judge, Gaya in Sessions Trial No.11 of 2017 arising out of Rampur P.S. Case No. 61 of 2013 by which the application preferred under Section 227 of the Cr.P.C. for discharge from the case has been rejected.

(3.) Learned counsel for the petitioner submitted that the allegations made in the F.I.R. are actuated with malafide. There is no truth behind what has been stated in the F.I.R rather the prosecutrix, who has instituted the F.I.R, is in the habit of filing false cases. He submitted that ignoring these vital aspects the court below, vide order dated 28.02.2017, dismissed the application filed under Section 227 of the Cr.P.C.