SHEIKH FIRASAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners have prayed for quashing the entire criminal proceeding of Complaint Case No. 83 of 2003 filed by opposite party No. 2 as well as for quashing the order taking cognizance dated 12.2.2004 under Sections 365/34 of the Indian Penal Code.

(3.) IN case of Ram Kumar Pandey (supra) reported in 1979 BBCJ 293 an FIR was lodged. Complainant/opposite party filed a petition of complaint on 21.11.1973 dissatisfied with the police investigation and made a prayer that the accused persons should be summoned and put on trial. The police subsequently submitted final form under Section 173 of Cr.P.C. saying that the case was maliciously false. The Chief Judicial Magistrate examined the complainant on SA and some witnesses in enquiry under Section 202 of Cr.P.C. and took cognizance also looking into the case diary. IN these circumstances, the Division Bench held that the Magistrate taking cognizance on a complaint- cum-protest cannot look into a police, the relevant passage of paragraph 6 is quoted hereinbelow for easy reference:?