Tulasi Rai Son Of Late Tapeshwar Rai, Rameshwar Rai, Lal Bahadur Rai and Shyam Bahadur Rai. All Son Of Tulasi Rai v. State Of Bihar And Jilabiya Devi Wife Of Laxman Rai
2011-03-10
SHEEMA ALI KHAN
body2011
DigiLaw.ai
JUDGEMENT Sheema Ali Khan, J. 1. Heard learned Counsel for the Petitioners and learned Counsel for the opposite party. 2. The main point raised on behalf of the Petitioners are that once the investigating officer came to the finding that the case was false, subsequently lodging of the complaint case is not justified. 3. It is settled that in the circumstances such as mentioned above the Magistrate would be justified in instituting the complaint or treating the complaint as protest after examining the complainant on S.A., pass appropriate order either taking cognizance of the offence alleged or rejecting the complaint or protest petition. The Magistrate as well as the Court has come to the conclusion that sufficient material existed for taking cognizance in this case. This Court is not inclined to interfere with the order taking cognizance, thus the application is dismissed. 4. The Petitioner will be at liberty to raise any issue at the appropriate stage in this case.