KRISHNA CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the petitioners have prayed for quashing the order dated 23.1.98 passed by the Judicial Magistrate, Birpur, Supaul, in G.R. Case No. 329/90 by which the learned Magistrate has taken cognizance of the offence under sections 406,409,420, /467.468.120 -B/34 of the Indian Penal Code and directed to issue summons against the accused persons including the petitioners.

(2.) IT appears that in October, 1988 the opposite party No.2 filed a complaint petition in the court of Subdivisionai Judicial Magistrate, Birpur at Supaul which was registered as complaint case no. 405 (C) of 1988. The Subdivisional Judicial Magistrate passed order on 17.7.90 forwarded the complaint petition to the Officer Incharge Birpur police station for institution and investigation of the case under Section 156(3) of the Code of Criminal Procedure. On the basis of the said complaint petition Birpur P. S. Case No. 58/90 was registered on 11.8.90.

(3.) LEARNED counsel appearing for the petitioners assailed the impugned order of the Chief Judicial Magistrate as being illegal and without jurisdiction. Learned counsel submitted that in fact the dispute between the parties is as to whether the claim of the petitioner that he is the selected Secretary of the Board is valid or not.