S.K. TOPPO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE order dated 25.11.1996 of the learned A.C.J.M. Bermo at Tenughat as well as the entire criminal prosecution being Complaint Case No. 237/1996 are under challenge in this application whereby cognizance of the offence under Sections 120B, 347, 352, 388 and 448 of the Indian Penal Code has been taken against the petitioners on the basis of the complaint filed by O.P. No. 2.

(2.) A complaint was filed by O.P. No. 2 on 5.11.1996 against the petitioners. The complainant was examined on solemn affirmation on 7.11.1996 by the A.C.J.M. and thereafter the complaint case was made over to the Judicial Magistrate Ist Class for enquiry and trial under Section 192, Cr PC. The learned transferee Magistrate examined the witnesses produced on behalf of the complainant under Section 202, Cr PC and thereafter took cognizance of the offence under Sections 120B, 347, 352, 388 and 448 of the Indian Penal Code.

(3.) THE further case of the complainant is that after he was released from custody on 1.11.1996 he went to the Police Station to lodge information but no case was registered and as such he filed the complaint case in the Court.