Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.46 of 2015 ====================================================== Anil Kumar, Son of Shiv Balak Prasad, Village- More English, P. S. Mokama, District-Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saurabh Kumar, Advocate For the Respondent/s : Mr. S.Eheteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2017 Heard learned counsel for the parties.

By impugned order, dated 01.10.2013, the Court of learned Judicial Magistrate, Ist Class, Barh has dismissed a protest-cum-complaint petition filed by the petitioner, exercising power under Section 203 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code).

The facts relevant for disposal of the present case are not in dispute. The petitioner had lodged and FIR in relation to theft of his truck bearing registration No. B.R.-2M/0539 on 09.02.2011 against unknown. The police upon completion of investigation submitted final form holding the case to be not true. The police also took a decision for initiating prosecution against the petitioner under Sections 182/211 of the Indian Penal Code. The petitioner thereafter filed a protest-cum-complaint petition, which has been

dismissed by the Court below after examination of the witnesses produced by the petitioner at the enquiry. It is evident from the evidence of the witnesses taken in course of enquiry under Section 202 of the Code that none of the witnesses revealed the name of the accused. Accordingly, the Court below has dismissed the complaint petition by impugned order, dated 01.10.2013. I do not find any illegality in the impugned order. This application is, accordingly, dismissed.

ArunKumar/- (Chakradhari Sharan Singh, J) U