SHIVA SHANKAR PRASAD Vs. HARDEO SAHAY

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge, Muzafferpur, Under Section 438 or the Code of Criminal Procedure, (hereinafter referred to as the Code), for quashing tile order of the 10th March, 1961, summoning the petitioner, Shiva Shankar prasad, Under Section 379, Indian Penal Code.

(2.) The opposite party, Hardeo Sahay, a muktaar practising at Sitanurhi, filed a complain on 7-10-1960 under Sees. 379 and 504 of the Indian Penal .Code against the petitioner and others. The learned Subdivisional Magistrate, Sitamarhi, took cognizance, and, examined the complainant on solemn affirmation and sent the complaint for enquiry and report to C. I. (Revenue) Sitamarhi The report was not received by 10-3-1961.. Nevertheless, the honorary Magistrate, acting for the Sub-Divisional Magistrate that day, again, took cognisance of the case and without Waiting for the enquiry report and, in its absence, summoned the petitioner Under Section 379, Indian Penal Code.

(3.) The single question, for determination, is whether the order complained of is illegal and should be set aside?