LAKHI CHAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was at the relevant time Block Development Officer, Maharajganj, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure , with a prayer to quash an order dated 12.12.2000 passed by the learned Sessions Judge, Siwan in Cr.Revision No. 54 of 2000. By the said order, the learned Sessions Judge has rejected the revision preferred against the order dated 1.3.2000 passed by Sri B.K.Mishra, Judicial Magistrate, 1st Class, Siwan in Case No.1114/99, whereby the learned Judicial Magistrate had refused to take cognizance of offence against Opp.Party no.2, who was at the relevant time Sub Divisional Magistrate, Maharajganj, Siwan. It appears that the learned Magistrate has refused to take cognizance of offence on the ground that prosecution sanction issued by the competent was not on record. The said order was challenged before the revisional court and the revisional court has rejected the petition preferred against refusing taking cognizance of offence against Opp.Party no.2.

(2.) I have perused the materials available on record. The learned Magistrate had refused to take cognizance against the petitioner for the offences under Sections 323,500 and 504 of the Indian Penal Code, whereas the learned Magistrate had taken cognizance of offences against some of the accused persons.

(3.) Learned counsel for the petitioner has produced certified copy of the order dated 1.3.2000 passed by Sri B.K.Mishra, the learned Judicial Magistrate, Siwan in Complaint Case No.C1114 of 1999. Let it be kept on record.