MAHBOOB ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the petitioners and State. No one appears for opp. party no. 2.

(2.) PETITIONERS have filed instant application for quashing order dated 23.11.2004, in Cr. Revision Case No. 37 of 2003, passed by Addl. Sessions Judge I, Katihar affirming the order dated 18.2.2003, whereby the Magistrate took cognizance of the offence under Sections 376/34 I.P.C. and summoned them to face trial.

(3.) COUNSEL for the opp. party no. 2 stated that the learned Magistrate can take cognizance of offence and summon accused to face trial also alone on basis of complaint and SA only in exceptional circumstances, even in sessions triable cases, if he is otherwise satisfied that there are sufficient materials to proceed against them as complainant failed to produce a witness in enquiry despite opportunities.