ASHOK KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) INVOKING jurisdiction of this Court under Section 482 of the Code of Criminal Procedure the petitioner has not only challenged the revisional order dated 14.7.99 but also the order taking cognizance dated 26.8.1999 passed by the learned Chief Judicial Magistrate, Darbhanga.

(3.) ADMITTEDLY in the Revision application the petitioner was arrayed as Opposite Party along with formal party i.e. State of Bihar. However, the Revisional court set aside the order of the learned Chief Judicial Magistrate dated 28.11.1998 without even issuing any notice to the petitioner. By his order the Revisional court also set aside the order of the learned Chief Judicial Magistrate accepting final form and also issuing notice to Opposite Party no. 2 under Section 182 and 211 of the Penal Code. The Revisional court remitted the matter to the learned Chief Judicial Magistrate for passing necessary order in the light or observations made by it.