JUDGMENT

S.N. Variava, J.-Leave granted.

Heard parties.

2. This Appeal is against the judgment and order dated 25th April. 2001 by which the High Court has quashed an order dated 16th April, 1998 passed by the Judicial Magistrate, Bhagalpur. By the said order the Judicial Magistrate had taken cognizance of a complaint under Sections 323/324/504 of the Indian Penal Code and issued summons to the 1st Respondent.

3. Briefly stated the facts are as follows:

 The Appellant made a complaint that the 1st Respondent, who is a Police Officer, had harassed, levelled false charges and involved the Appellant and his brother in a false case. In the complaint, it is recited that the 1st Respondent had falsely implicated the Appellant by stating as follows:

"You have earned a lot in Lalmatia but we have not been paid/served. You will be taught a lesson."

4. The complaint also is that the 1st Respondent assaulted the Appellant and his brother at their house and thereafter at the Police Station. It is claimed, in the complaint, that the 1st Respondent brought an illegal weapon and cartridges, put them on the table at the Police Station and falsely alleged that these weapon and cartridges were recovered