ANIL SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The High Court in the impugned order dismissed the application holding that the complaint prima facie discloses the offence punishable under the sections for which cognizance was taken and process was issued to the appellant and another. The question, therefore, is whether the complainant-second respondent made a prima facie case to take cognizance of the offence and issue process to the appellant and others.

(3.) It is contended for the appellant that the Chief judical Magistrate, having entertained the complaint, was required to examine other witnesses, take cognizance and then could have transferred the case, if he so desired, to a competent Magistrate subordinate to him as envisaged by Section 92(1) of the Code. But, in this case without taking cognizance, the Chief Judicial Magistrate committed manifest jurisdictional error in transferring the complaint to the Magistrate who took further action therein.