RAMESH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under S.482 of the Code of Criminal Procedure, 1973 (hereinafter called the 'Code'). It is directed against the entire proceedings pending against the petitioner before the Judicial Magistrate, 2nd Class, Muzaffarpur in Case No. C 332/82/ Trial No. 2531 of 1983 including the order dated 4-7-1983 passed by the learned Chief Judicial Magistrate, Muzaffarpur and also the order dated 9-9-1983 passed by the learned Sessions Judge, Muzaffarpur.

(2.) It appears that opposite party 2, Anup Sah had lodged the first information report before the Sadar Police Station, Muzaffarpur to the effect that he had purchased six bags of wheat weighing five quintals eighty K,G. for Rs. 1008.60 paise and was bringing the same on two tempos. When he reached clear the flour mills south of zero mile at about 1 p.m. the petitioner stopped him and told him that he would not allow the goods to be carried away since the opposite party 2 owed him some money. To this opposite party 2 replied that there was no arrear with him. In spite of this, it is alleged that the petitioner carried away the goods from two tempos. Accordingly, the Sadar P.S. Case No. 14 dated 15-10-1980 under S.379 of the Indian Penal Code was instituted against the petitioner. In this case final report was submitted by the Sadar Police Station against the petitioner which was received by the learned Chief Judicial Magistrate on 8-8-1981. However, opposite party 2 had filed a protest petition which was heard on 7-4-1982. The learned Chief Judicial Magistrate examined opposite party 2 on solemn affirmation and he directed Shri A.K. Singh 'Kant' Executive Magistrate, Muzaffarpur for enquiry under S.202 of the Code. This report under S.202 of the Code along with the statement of the witnesses examined by the learned Executive Magistrate was received by the learned Chief Judicial Magistrate, on the basis of which he found a prima facie case under S.379 of the Penal Code made out against the petitioner. Accordingly, by his order dated 4-7-1983 he took cognizance of the offence against the petitioner under S.379 of the Penal Code and transferred the case to the file of Shri H.L. Singh, Judicial Magistrate, 2nd Class for disposal.

(3.) Against the aforesaid order dated 4-7-1983 the petitioner preferred a revision application before the learned Sessions Judge, Muzaffarpur who was pleased to reject the same by his order dated 9-9-1983.