HIT NARAYAN CHAUDHURY Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This petition under Section 482, Cr.P.C. is for quashing the order of cognizance dated 3.3.93 passed by the Sub -Divisional Judicial Magistrate, Muzaffarpur (West) in G.R. Case No. 2/76.

(2.) The brief facts leading to the present application is that O.P. No. 2 Jagarnath Chowdhury instituted a case (G.R. 2/76) alleging that a dacoiry was committed in the night intervening 2nd and 3rd January, 1976, in his house and the petitioner -accused was identified during the commission of the alleged dacoity. It was further alleged that he heard the sound of foot -steps of some persons and saw in the light of torch used by the dacoits. In the meantime, four dacoits holding Farsas in their hands surrounded him and in this process, he identified the petitioner. The Police took up the investigation of the case and submitted a Final Report bearing No. 28 dated 3.6.76 was submitted showing the case to be maliciously false under Section 395, I.P.C. The informant O.P. No. 2 filed a protest -cum -complaint petition. An enquiry was made under Section 202, Cr.P.C. and cognizance was taken against the petitioner on 30.4.81 under Section 395, I.P.C.

(3.) Being aggrieved and dissatisfied with the impugned order, the petitioner filed a petition in this Court bearing Cr. Misc. No. 3087/81. On hearing the matter, the Court set aside the impugned order on 17.11.83 for fresh application of mind by the Trial Court. It is submitted that, thereafter, the Court without applying his mind passed another order dated 3.3.93 upholding the previous order. Hence, this application.