ARUN KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 14.10.2004 passed by the 5th Additional sessions Judge, Manger in Criminal Revision No. 291 of 2003 affiancing the order dated 2.6.2003 passed by the Judicial Magistrate, 1st Class, Munger in G.R. Case No. 188 of 2001 arising out of Kotwali P.S. Case No. 60 of 2001.

(2.) HEARD.

(3.) THEREFORE, It is evident that at this stage the Magistrate has only to consider the police report and the documents sent with it under Section 173 Cr.P.C., he cannot consider the defence of the accused or the documents filed by the accused. It is also settled that the charge is groundless when there is no legal evidence. In support of the accusation brought or the facts do not make out any offence at all. But it is not the case of the petitioner that the facts do not Bake put any offence at all. The order of the learned Magistrate also shows that there is sufficient evidence in support of the allegation.