BHOLA NATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The complainant of Complaint Case No.2594(C) of 2002 has prayed for the quashing of the order dated 9.1.2007 passed therein by S.K. Mishra, Judicial Magistrate, First Class, Patna, whereby he has rejected the petitioner's petition filed under Section 311 Cr.P.C. as also the order dated 20.1.2007 passed by the learned Sessions Judge, Patna, in Cr. Revision No.31 of 2007 dismissing the revision preferred against order dated 9.1.2007.

(2.) The grievance of the petitioner is that the learned Magistrate had erroneously closed the complainant's evidence before charge without affording him a reasonable and sufficient opportunity to adduce evidence on his behalf. Similar grievance has been aired against the learned Sessions Judge who it is alleged mechanically rejected the revision preferred by him against the dismissal order of the Magistrate ignoring the fact that the paramount consideration being the doing of justice to the case, the court ought to have allowed the revision and set aside the order of the Magistrate.

(3.) To come to a proper decision in the instant case consideration of a few material facts would be the requisite of the moment.