BHUNESHWAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN an application under Section 482 of the Criminal Procedure Code these petitioners pray for quashing an order dated 6.12.1978 passed by the Chief Judicial Magistrate, Patna.

(2.) BY this order the learned Chief Judicial Magistrate took cognisance in respect of offences under Sections 379, 147 and 323, I.P.C. against these petitioners. In this connection, a first information report was also lodged against these petitioners in respect of the facts constituting the offence mentioned in the protest petition (complaint petition). The police submitted a final form holding that the case is untrue. The final form was accepted by the Chief Judicial Magistrate, Patna on 26th June, 1977 and the accused persons were discharged. In respect of the same facts, constituting the offence, the complainant filed a protest petition before the Chief Judicial Magistrate. The Chief Judicial Magistrate took cognisance of offences in respect of the same facts constituting offences for which the final form was submitted and accepted by Judicial order dated 26th June. 1977.

(3.) IN the result, this petition is allowed and the order dated 6.12.1978 is hereby quashed. Petition allowed.