PITAMBAR MISHRA Vs. CHANDRA SEKHAR PANDA

JUDGEMENT

(1.) This appeal is preferred by the complainant against the order of the Judicial Magistrate, First Class, Cuttack, dated 9-11-1983 in ICC No. 330 of 1983 acquitting the accused persons under Section 256(1) of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) The learned counsel for the respondents Mr. S.S. Das, while supporting the impugned order, has submitted that the very order taking cognizance and directing issue of process to the accused persons (the present respondents) having been passed in violation of Section 202 of the Code, the entire criminal proceeding against the respondents was vitiated on that score as well. In the present case the complaint petition was filed in the court of the C.J.M., Cuttack, who had sent the case to the Judicial Magistrate, Second Class, for inquiry under Section 202, of the Code after such inquiry when the Judicial Magistrate, Second Class, submitted his report, the C.J.M. perused the report and on such perusal took cognisance against the accused persons under Sections 448 and 427, IPC and issued processes against them. Thereafter the proceedings continued against the accused till the impugned order was passed.

(3.) The relevant portion of Section 202 of the new Code is quoted below.