SHIV KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have prayed for quashing the entire criminal proceeding pending in the Court of Shri A.M. Singh, Judicial Magistrate, First Class, Dhanbad alongwith the order dated 11.6.1998 vide C. P.Case No. 322 of 1998, whereby cognizance for the offences under Sections 323, 341, 379, 406, 506/34 I.P.C. was taken against the petitioners.

(2.) THE main ground advanced in support of the prayer is that the instant complaint has been filed by way of revenge only to harass the petitioners and by abusing the process of the Court and that due to suppression of material facts, the learned court below has been misled to accept the allegation in the complaint petition, as prima facie making out the alleged offences. The other ground is that even reading the allegations in the complaint petition no offence under the aforesaid sections whatsoever is made out against the petitioners, therefore, continuance of the criminal proceedings against the petitioners would amount to abuse of the process of the Court.

(3.) IN course of enquiry conducted under Section 202 Cr.P.C, complainant and his witnesses were examined and their statements were recorded on solemn affirmation. On going through the complaint petition and statements of the complain - ant and his witness, learned court below recorded its satisfaction that a prima facie case for the offences have been made out and, accordingly, took cognizance for the offences directing petitioners to appear and face trial.