LAXMI KANT TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had brought Complaint Case No. 955 of 2012 against opposite party no. 2 to 6 wherein cognizance was taken for offences under Sections 423, 468 and 120B of the Indian Penal Code on 18.06.2013. Thereafter, appearance of the accused persons completed on 01.05.2015 and then the case was running for evidence before charge. The complainant did not bring any evidence before charge on 18.05.2015, 14.07.2015, 01.10.2015,22.12.2015, 22.01.2016, 02.03.2016 and 12.04.2016. On 07.05.2016 also no witness was in attendance and on the prayer of the accused, they were discharged. The petitioner challenged the aforesaid order of discharge before the learned Sessions Judge, Bhabua in Cr. Revision No. 87 of 2016. The revision application was dismissed on 02.08.2016 considering the provisions of Section 245 Cr.P.C.

(3.) Both the orders i.e. of the Revisional Court as well as the Trial Court aforesaid are under challenge in this application under Section 482 Cr.P.C.