BRUNDABAN SAHU Vs. PADMABATI BEHERA

JUDGEMENT

(1.) THE petitioners in this application Under Section 482 Cr.P.C. have challenged the legality and propriety of the orders dated 31.7.1996 and 6.8.1996 passed by the learned S.D.J.M., Chatrapur in G.R. Case No. 30 of 1996 entertaining a protest petition and directing for enquiry Under Section 202 Cr.P.C. The order dated 30.8.1996 is also challenged in which cognizance of offence Under Sections 452, 354, 380, 294/34 of the Penal Code has been taken.

(2.) THE case of the petitioners before this Court is that on the basis of an F.I.R. lodged by the opposite party No. 1 investigation was taken up and charge sheet was filed on 9.3.1996 for commission of offence Under Section 294/23 of the Penal Code. The petitioners appeared in the Court and were released on bail. While the matter stood thus on 31.7.1996 the informant filed a protest petition with a prayer to conduct an inquiry and to take cognizance for commission of offence Under Sections 452, 395, 354, 327, 341, 294/34 of the Penal Code, The said protest petition was treated as a complaint and inquiry Under Section 202 Cr.P.C. was taken up and on basis of materials collected during enquiry, the learned Magistrate took further cognizance for offences Under Sections 452, 354, 380, 294 and 34 of the Penal Code.

(3.) SHRI Choudhury in course of his submission drew the attention of the Court to the relevant provision of the Code of Criminal Procedure and submitted that once the Magistrate has taken cognizance on the basis of the charge sheet he is left with no further jurisdiction to either review his own order or take cognizance for the second time. If the Magistrate was satisfied that some other offences have also been committed it was open to him to take into consideration such facts at the time of trial. He further submitted that in the G.R. Case the protest application having been filed, the learned Magistrate should have treated it as an independent complaint and no inquiry Under Section 202 Cr.P.C. could be taken up in the G.R. Case itself.