VIJAY NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The inherent powers of this Court have been invoked by the petitioner by filing the present petition because a judicial magistrate, who is enquiring into the Complaint Case No. 88 C of 2008, has asked the petitioner who is the Complainant of the above noted case, to produce an order sanctioning the prosecution of the accused who was a public servant.

(3.) The learned magistrate, after having gone into the enquiry, appears probably forming an opinion that some offences were made out and those could be tried by summoning the accused only when the petitioner-complainant produced the order permitting the prosecution.