TMI Blog2001 (12) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... st complaint. This was unrecognizable to the brother of the deceased and hence he has come to this Court challenging the said order of the High Court. 3. Sugnia Devi is the unfortunate victim who was killed on the night of 27.6.1988. About 10 years prior to her death she was married to Ram Jatan Choudhary, one of the four sons of the first respondent Sita Devi. She remained childless. On the day which followed here death the first respondent Sita Devi lodged an FIR with Baby Barhi Police Station alleging that a few persons from outside had sneaked into the bedroom of Sugnia Devi and murdered here by strangulation. FIR No. 135 was registered on the basis of the said complaint and investigation was commenced thereafter. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law, her son Ram Ashish Choudhary and a few others were arraigned for the offence under Section 302 read with Section 34 of the IPC. The Chief Judicial Magistrate before whom the charge-sheet was laid committed the said case to the court of sessions. Thereafter, we are told, the sessions judge framed a charge against the accused so arraigned for the aforesaid offence. 7. In the meanwhile the first respondent moved the High Court once again for quashing the criminal proceedings lodged against here and others. A single Judge of the High Court to Patna upheld her contention and quashed the criminal proceedings as per the impugned judgment. Thus appellant and other accused are now totally absolved from the murder charge even without c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by the High Court in respect of the proceedings of the magistrate which ended by the order dated 28.8.1999 accepting the report of the police in the case which covered FIR No. 135. The order reads thus: The magistrate is required to examine the complainant on solemn affirmation and then proceed in accordance with law. The learned magistrate without following the procedure has passed the impugned order. Accordingly, the order dated 28.8.1999 is hereby quashed and the learned judicial magistrate is directed to dispose of the protest petition filed by the petitioner in accordance with law and in the light of the observations made hereinabove. 10. The result of the said factual development is this. The complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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