RAM KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in the Criminal Miscellaneous Case (Cr. Misc. 2948 of 1977) has filed the present application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to s the Code} for quashing an order dated 31.7.1974 by which the learned Chief Judicial Magistrate, Katihar has summoned the petitioner along with some other accused persons to stand trial for offences under sections 380 and 504 of the Indian Penal Code.

(2.) It appears that on 14.11.1973 a first information report was lodged by the complainant (opposite party no. 2) against this petitioner and some others. The investigation proceeded on the basis of that first information report. However, before the final form could be submitted the complainant- opposite party filed a petition of complaint on 21.11.1973 making certain allegations against the police investigation, and making a prayer that the accused persons should be summoned and put on trial. On 27.11.1973 the final form under section 173 of the Code of Criminal Procedure, 1898 was submitted saying that the case was maliciously false ; as such, accused need not be sent up for trial. Learned Chief Judicial Magistrate on 31.7.1974 examined the complainant on solemn affirmation and then he passed the impugned order saying :

(3.) Learned counsel appearing for the petitioners in both the applications has first pressed the criminal miscellaneous application saying that the petitioner of that application has not moved ths Sessions Judge for exercise of his re visional power and came to this Court directly. As such I propose to examine the legality of he impugned order in the criminal miscellaneous application first.