IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34800 of 2010
SAMSAD ALI & ORS
Versus
STATE OF BIHAR & ANR
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2. 2.11.2010 None appears after repeated calls. I have heard
Shri Dashrath Mehta, learned A.P.P. for the State.
The order of cognizance dated 4.3.2010 passed in
Complaint Case No. 948 of 2008 was passed by Shri Sunil
Kumar, Judicial Magistrate, Chapra, in which the police had
submitted final form false after investigation. After examination
of the complainant on Solemn Affirmation and the witnesses
also who were produced in the court below, the court summoned
the accused persons for committing the offences under Sections
323,341 and 380/34 of the Penal Code.
The grounds which have been taken in the petition
are that no offences as alleged against the petitioners were
constituted on the facts of the case. The petitioners Md. Nausad,
Md.Salim, Md. Aslam and Md. Pentar had taken a plea of alibi
by stating that they were in Kolkota selling fruits. The further
ground was that there was enmity between the parties and a case
was also filed by one of the petitioners, namely, petitioner No. 1
Samsad Ali against the complainant.
It is settled law that in spite of having found the
case not true by the police after investigating the case, the
petition of complaint may be revived which was earlier the basis
of F.I.R. and an inquiry under Section 202 Cr. P.C. may be
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taken up by the Magistrate whereafter summoning order may be
passed. The learned Magistrate who passed the impugned order
has considered the materials which were required to be
considered by him which does not suffer from any infirmity.
The petition appears of no merit and the same is
dismissed.
Kanth ( Dharnidhar Jha, J.)