(1.) This Cr. Misc. Petition has been filed for quashing of the order dated 22.01.2001 passed by Shri Vishundeo Narayan, the then learned Sessions Judge, Deoghar in Cr. Revision No. 88 of 2000 whereby and whereunder the learned Sessions Judge has been pleased to allow Cr. Revision filed by O.P.No.2 challenging the order of cognizance dated 20.06.2000 passed by Shri B.K.Singh, the then S.D.J.M., Madhupur at Deoghar in connection with G.R.No.507/1999.
(2.) It appears that initially a complaint being P.C.R. Case No. 301/1999 was filed by the petitioner-Prandhan Kumar Singh in the Court of S.D.J.M., Madhupur at Deoghar against the O.P.No.2 & 3 alleging therein that the accused persons armed with revolver intercepted him, caused assault and snatched away Rs. 3,000/- from upper pocket and wrist watch valued at Rs. 900/-
(3.) The said complaint was sent under Section 156(3) to the concerned Police Station for investigation and registration of the case after which Madhupur (Sarath) P.S. Case No. 121 of 1999 under Sections 323/341/379/384 of the Indian Penal Code and Section 25/27 of the Arms Act was registered. Accordingly, the investigation proceeded ahead and after completing investigation, final report was submitted stating the occurrence untrue. Even after submission of final report, the learned S.D.J.M. considered the material available in the case diary, took cognizance vide order dated 20.6.2000.