RAKESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 26.07.2012 passed by the learned Chief Judicial Magistrate, Jehanabad, in Trial No. 3380 of 2013 arising out of Hulasganj P.S. Case No. 60 of 2011 by which the learned Magistrate took cognizance against the petitioner for the offence under Sections 420, 431, 120(B) of the Indian Penal Code and Section 3 (2) (e) of the Prevention of damage to property Act.

(2.) Report was called for from the court below which has been received. The court below has mentioned in the report that the original case is pending in the court below for evidence and split up record of the accused Rakesh Kumar Singh (petitioner) is pending for appearance as he has not appeared in the court below.

(3.) The petitioner was directed by order dated 29.11.2017 by a coordinate Bench of this Court first to appear in the court below before the petition is taken up for hearing. He was directed to file supplementary affidavit in proof of appearance of the petitioner in the court below but the same has not been filed on behalf of the petitioner by way of filing supplementary affidavit, which is apparent from the Office Notes dated 3.4.2018.