SHEIKH RAFIUDDIN AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) When the case was called out none appeared on behalf of the petitioner either to press this petition or even to make a prayer for adjournment.

(2.) The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 5.12.1997 passed by Sri Gayan Chandra Gupta, Judicial Magistrate, Ist Class, Chapra in Trial No.C-876 of 1997. By the said order the learned Magistrate has taken cognizance for the offence under section 406 of the Indian Penal Code.

(3.) Mr.Hriday Prasad Singh, learned Addl.P.P., appearing on behalf of the State, while opposing the petition submits that there is no defect in the order of cognizance and moreover at the initial stage this court may not interfere that too while exercising power under section 482 of the Code of Criminal Procedure.