IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8110 of 2004
BIRENDRA THAKUR @ BIRENDRA KUMAR @ GANESH THAKUR & ORS
Versus
STATE OF BIHAR & ORS
-----------
9 15 July 2008 Heard.
This application has been filed for quashing the order
dated 17.1.2004 passed by Sri Bhola Nath Tiwari, Judicial Magistrate,
1st class, Muzaffarpur in complaint case no. 2702/2003 corresponding
to Tr. No. 1805/2004 whereby and where under he had taken
cognizance u/ss 364A, 365 and 120B of the Penal Code and issued
summons against the petitioners.
A supplementary affidavit has been filed on behalf of
the petitioners in which prayer has been made to quash the charges
framed against the accused on 11.5.2006 by the 5th Additional
Sessions Judge in Sessions Trial no. 565/2005.
The argument of the learned counsel is that the victim
boy was recovered on 4.11.05 from the place of his Mousa. He was
never kidnapped by the accused persons. Learned counsel pointed out
that all the allegations are false and the charge should not have been
framed against the petitioners/accused.
It appears that complaint petition was filed in the court
of Chief Judicial Magistrate, Muzaffarpur on 11.11.2003 for an
occurrence which had taken place on 7.11.2003. It further appears
that complainant was examined on S. A. and during enquiry u/s 202 of
the Cr. P. C seven witnesses were examined and the learned
Magistrate by order dated 17.1.2004 came to an opinion that there was
2
sufficient material to proceed further against the petitioners for
offence punishable u/ss 364A, 365 and 120B of the Indian Penal Code
and accordingly issued summons against them. Against the said order
dated 17.1.2004 the petitioners/accused have preferred the present
application for quashing before this court.
It appears from the supplementary affidavit that
during the pendency of this application the case was committed to the
court of Sessions and on 11.5.06 the learned 5th Additional Sessions
Judge, Muzaffarpur in Sessions Trial no. 565/05 framed charges
against the petitioners/accused u/ss 364A, 365 and 120B of the Indian
Penal Code.
Considering the above facts and circumstances of the
case, at this stage no interference is required. This application is,
accordingly, dismissed. However the petitioners will be at liberty to
raise their points/grievance before the court below at the appropriate
stage of the case.
BKS (M. Saran,J.)