SURESH SINGH SON OF RAJENDRA PRASAD SINGH Vs. STATE OF BIHAR AND SHIV KUMAR SINGH SON OF SRI MUSHAN SINGH

JUDGEMENT

(1.) Through this application, one of the persons arrayed as accused in complaint case, bearing No. C 1-771 of 2001, has prayed for the quashing of the order dated 12.2.2002 passed by Sushri Sangita, Judicial Magistrate, First Class, Vaishali at Hajipur, whereby she has taken cognizance under Sections 420, 467,468 and 120B I.P.C.

(2.) It appears that initially the complainant Shiv Kumar Singh, impleaded as Opp. Party No. 2 herein, had filed Complaint Case No. C1-647 of 1999, which had been transmitted to the concerned Police Station under Section 156(3) Cr.P.C. on the basis whereof Hajipur Town P.S. Case No. 140 of 1999 came to be registered. After due investigation, the police submitted final form and the protest petition filed by the complainant in the meantime proceeded as a complaint case, which is the instant case.

(3.) It is averred by the petitioner in paragraph-2 of this application that he had filed Cr. Misc. No. 19270 of 2004 against the order dated 12.2.2002, which was dismissed for non-compliance of peremptory order. For restoration of the same Cr. Misc. No. 55012 of 2006 was filed, but that too was dismissed. It is not divulged if the dismissal of the restoration case was on merit or on account of non-prosecution. If it was on account of non-prosecution, another application for restoration could have been filed but that was not done. In any event, the impugned order dated 12.2.2002 had become final.