- (1.) Leave granted. Pursuant to petition dated 01.04.2008 filed by the complainant under Section 156(3) of Code of Criminal Procedure (for short 'CrPC), appropriate directions were issued by the Judicial Magistrate and crime was registered against the present appellant, for having committed offence under Section 376 of the Indian Penal Code (for short 'the Code'). In the investigation that ensued thereafter, a final report under Section 173(8) of CrPC was filed by the investigating officer on 30.06.2008 stating inter alia that the allegations made by the complainant were found to be false. In the circumstances, the complainant preferred a protest petition, which was treated as Complaint Case No.1439 of 2008 and the same was transferred to the Court of Judicial Magistrate, Ist Class, Giridih.
(2.) The complainant had filed list of witnesses, which he proposed to be examined in trial. It reflects from the record that pre -summoning evidence was recorded by the Magistrate, who thereafter dismissed the complaint holding that there were material contradictions in the statements of witnesses and that the case appeared to be a false case.
(3.) This order of the Magistrate was challenged by the complainant by preferring Criminal Revision No. 98 of 2010 before the Additional Sessions Judge, Giridih. The revision was accepted and the order passed by the Magistrate was set aside and the Magistrate was directed to conduct further inquiry and to record a fresh order on the basis of the material available on record. In the revision application, the accused was not made a party and the order of the revisional court was passed without even hearing the accused. This order, in a further challenge, has been sustained by the High Court, which is presently under challenge before us.;