FAIYAZ ALAM Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The complainant of complaint case no. 1223 of 2002 has preferred this application for quashing of the order dated 29.8.2005 passed in Cr. Rev. No. 149 of 2003 by the learned 2nd Additional Sessions Judge, Purnea, whereby he has dismissed the revision filed against the order dated 29.4.2003 passed in the said complaint case no. 1223 of 2002 by Sri R.Krishna, Judicial Magistrate, Ist Class, Purnea by which he has dismissed the complaint.

(2.) The submission on behalf of the petitioner is that the learned Magistrate had based his order of dismissal primarily on two grounds, namely, that Master Zakir, an important witness, had not been examined and that there was contradiction in the evidence of complainants witness no.1, Akhtar Hussain. In this context, learned counsel sought to submit that it would be apparent from perusal of the deposition of C.W. 1 that he had fully supported the complainants case and there was no occasion for the Magistrate to enter into the merits of the case when he was only required to see whether a prima facie case had been made out against the accused to proceed further.

(3.) The grievance against the order of the revisional court is that the learned Sessions Court had passed the order mechanically and in a most casual manner.