MD RAFIQ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and for the Opposite Party No. 2 and with their consent, this application is being disposed of at the admission stage itself.

(2.) This is an application under S.482 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') with prayer quash the order dated 12-11-1989 passed the Chief Judicial Magistrate, Katihar taking cognizance of the case under S.436 of the Penal Code against the accused petitioners and issuing notices against them for appearance.

(3.) The relevant facts for disposal of this application may be briefly stated as follows : On 7-6-1988, the opposite party No. 2 lodged a written information at Katihar Police Station alleging that on the preceding night, the petitioners set fire to his house as a result of which his house was burnt. The Police, on receipt of written information instituted Katihar P.S. Case No. 259 of 1988 under S.436 of the Penal Code. Witnesses were examined during investigation who supported the case of the first informant (O.P. No. 2) but the Police, after completing the investigation, submitted final report on 31-8-88. The informant (O.P. No. 2) had filed a protest petition against the Police while the investigation was going on. The learned Chief Judicial Magistrate, Katihar on perusal of the statements contained in the case diary did not accept the final report submitted by the Police and took cognizance of the case against these petitioners under S.436 of the Penal Code directing to issue notices against them for their appearance by order dated 12-1-1989 and the present application is directed against the same.