BALIRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has moved this Court for quashing of an order dated 13-3-1984, whereby and whereunder the learned Additional Chief Judicial Magistrate, Barh, has issued processes against the petitioner and transferred the case to the Court of another judicial magistrate for trial.

(2.) The facts which led to the filing of this application, in short, are that a petition of complaint was filed before the learned Additional Chief Judicial Magistrate, Barh on 3-9-1983 alleging, inter alia, that on the previous day i.e. 2-9-1983 at about 6.30 p.m. while the complainant being Secretary of the Workers Union of Electric Supply Union, Barh Sub-division was waiting near the Control Room after working hour to talk to the petitioner with regard to the pending demands, the petitioner abused him and threatened him with dire consequences as a result of which his prestige was lowered down in the eye of general public.

(3.) The matter was enquired under S.202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for the sake of brevity and easy reference) and after enquiry, the impugned order was passed, which has been challenged in this application.