Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants with a prayer to quash the order dated 28.1.2005 passed by learned A.C.J.M.-I, Bahraich in complaint case No. 8170 of 2004.
From the perusal of the record it reveals that in the present case the learned Magistrate concerned has passed the impugned order on the basis of the complaint and statements of the witnesses recorded under sections 200 and 202 Cr.P.C. but it is surprising that learned Magistrate concerned has not mentioned the material contents with regard to the allegation made by the witnesses in their statements recorded under section 200 and 202 Cr.P.C. The impugned order has been passed in routine manner and the same has been passed without applying the judicial mind. Therefore, the impugned order dated 28.1.2005 is illegal, the same is hereby set aside. It is directed that learned Magistrate concerned shall pass a fresh order after affording the opportunity of being heard to the complainant.
Accordingly this application is disposed of.
Order Date :- 22.8.2014 RPD