MAHADEO PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 04.07.2016 passed by the Judicial Magistrate, 1st class, Madhepura, in Complaint Case No.C-105 of 2015 by which the learned Magistrate after holding enquiry has found prima facie case against the Petitioners for the offence under Section(s) 323, 341, 504/34 Indian Penal Code.

(2.) Heard learned counsel for the Petitioners and learned APP for the State as well as counsel for the Opposite Party No.2.

(3.) Counsel for the Petitioners has submitted that the Court below has committed illegality in passing impugned order after recording statement of one new witness after disposal of Criminal Revision. He has further submitted that no criminal offence is made out on the basis of allegation made in the complaint.