LAWS(PAT)-2009-4-168

GANESH MAHTO Vs. STATE OF BIHAR

Decided On April 15, 2009
GANESH MAHTO Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) Petitioners pray for quashing the entire criminal prosecution case including the F.I.R. of Ekma P.S. Case No. 60/05 dt. 17.8.05 corresponding to G.R. Case No. 2418/05 for offence under Section 304B/34 of I.P.C. arising out of Complaint Case No. 1851/05 filed by the complainant O.P. No. 2 before the Chief Judicial Magistrate, Saran at Chapra.

(3.) LEARNED Counsel submits that no cause of action took place at Chapra and as such the entire criminal prosecution emanating from prosecution case being Ekma P.S. Case No. 60/05 under Section 304B/34 of the I.P.C. is fit to be quashed. Even the subsequent statements of Lal Babu Mahto, O.P. No. 2, under Section 161 Cr.P.C. does not show that any cause of action took place in the District of Saran.