VIRENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) At the very outset, the learned counsel for the petitioner has submitted that the cognizance has been taken on a typed copy of the order and there is no application of mind and this application is fit to be allowed in view of the law laid down by the Hon'ble Supreme Court in the case of Pepsi Foods Ltd. and Another vs. Special Judicial Magistrate and Others, (1998) 5 SCC 749 and the order dtd. 31/8/2018 passed in Cr. Misc. No. 10167 of 2018.

(3.) Learned counsel for the Union of India and the State have tried to support the order of the Magistrate but they have not been able to meet the argument of the learned counsel for the petitioner in view of the law laid down by the Hon'ble Supreme Court in the case of Pepsi Foods Ltd. and Another vs. Special Judicial Magistrate and Others (supra).