SHARDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application filed under Ss. 397 and 398 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 4-5-1998 passed by Shri A. K. Srivastava, Judicial Magistrate, Ist Class, Raxaul at Motihari (East Champaran) in Case No. C-63/98 by which the learned Court below was pleased to dismiss the complaint petition filed by the petitioner Sharda Devi (since deceased).

(2.) From the record it appears that Sharda Devi had instituted Raxual P.S. Case No. 4/97 against opposite party Nos. 3 to 6 which was registered under Ss. 384, 341 and 419 of the Indian Penal Code. The police after completing the investigations submitted final form finding the case to be false. Sharda Devi filed a protest petition before the learned Chief Judicial Magistrate. The matter went up to the Hon'ble High Court in Cr. Misc. No. 18025 of 1997 which was disposed of by an order dated 25-9-1997. In it Sharda Devi had prayed for quashing the final form (annexure-10) submitted by the police and for the releasing the seized articles. This Court by the aforesaid order directed the S.D.J.M. to dispose of the protest petition filed before him in accordance with law within a period of one month from the date of production of a copy of this order. After this order an enquiry under S. 202 of the Code was started after the examination of Sharda Devi on solemn affirmation. In course of this enquiry five P.Ws. were examined before the learned Magistrate Shri Srivastava to whom the case was transferred. However, on the conclusion of the enquiry by the impugned order the learned Magistrate had dismissed it under the provisions of S. 203 of the Code though this section was not mentioned in the order.

(3.) In this petition the main grievance of the petitioner is that the learned Magistrate in the impugned order has transgressed the limits of holding an enquiry under S. 202 of the Code and has held a full-dress trial before dismissing the complaint petition under S. 208 of the Code.4-5. A counter affidavit has been filed on behalf of the opposite party No. 3 in which it has been contended that the learned Magistrate has not committed any illegality in passing the impugned order. He dismissed the complaint petition/protest petition after due examination of the witnesses under S. 202 of the Code since he did not find any prima facie case made out against the opposite party Nos. 3 to 6. This Court in exercise of its revisional powers is not expected to set aside the order of dismissal passed by the learned Court below under S. 203 of the Code since the scope of this revision petition is extremly limited. On these grounds amongst others it has been contended that this revision application be dismissed. A similar counter affidavit has been filed on behalf of the opposite party No. 2.