KANHAIYA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order of the Sessions Judge of Rohtas at Sasaram dated the 11th September, 1979, by which he has set aside an order of cognizance, dated the 19th September l978 and remanded the case to the file of Sri B. Pandey for further enquiry in the light of the observations made in that case.

(2.) A complaint was filed on the 14th July, 1978 by the petitioner before the Chief Judical Magistrate Sasaram, making various allegations against opposite party nos. 2 to 9. The complainant was examined on solemn-affirmation followed by the examination of the witnesse, whereafter the Magistrate took cognizance under Secs. 147, 325, 379 and 448 of the Indian Penal Code and transferred the case to Sri B, Pandey, Judicial Magistrate, for trial. That order was set aside by the Sessions Judge, as stated above.

(3.) Learned Counsel for the petitioner has submitted that the learned Sessions Judge should not have set aside the order on the ground of absence of sanction and further he could not direct a transferee court to hold further enquiry because this would amount to interfering with the discretion of the Magistrate concerned. Learned Counsel for the respondents submitted that the officer concerned in course of the round duty came to know that the complainant and others had assembled for the purpose of committing dacoity and it was in effecting that arrest that he had to face even gunshot fire from the side of the complainant and he has done nothing that can be said to be an offence and this case has been cooked up to blackmail the opposite party.