RANJU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner, the ' State and the counsel appearing for opposite party no.2 the complainant.

(2.) THIS application has been filed for quashing the order taking cognizance dated 21.11.2005, passed by S.D.J.M., Dalsingsarai whereby cognizance has been taken under Sections 406, 323, 347, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code in Ujiarpur P.S. Case No. 118 of 2004.

(3.) COUNSEL for the petitioners states that in the entire F.I.R. there is no whisper against the petitioners that either they demanded money or participated in any transaction with the complainant. Petitioners are not the parties to such agreement on the basis of which the complainant was demanding his share in the profit. Petitioners name has simply been mentioned in the F.I.R. as another accused Sanjiv Kumar Choudhary said that the brick kiln stands in the name of his sister -in -law. Since unrebutted allegations made in the F.I.R. prima facie do not make out any offence against the petitioners. The order taking cognizance is bad and it must be quashed.