ABDUL AZIZ AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order of the Sub -divisional Magistrate taking cognizance of the offence under Sec. 354, Indian Penal Code, against the petitioners. On the 15th of July, 1956, a complaint was filed by one Mt. Zohra before the Sub -divisional Magistrate on the allegation that the petitioners were putting earth on her bamboo clumps. She objected to it with the result that she was assaulted by petitioner no. 1 on the head with a khurpi. The other petitioners also assaulted her and made her naked.

(2.) The Sub -divisional Magistrate did not take cognizance of the offence initially but referred the matter to Shri G.D. Misra, Magistrate, first class, for making local enquiry and report within two months. The enquiry report was not submitted for about four months. On the 4th of April, 1968, the Sub -divisional Magistrate recalled the enquiry and took cognizance of the case.

(3.) The point urged on behalf of the petitioners by Mr. Keshri Kishore Saran is that the Sub -divisional Magistrate having referred the matter to the enquiry of Shri G.D. Misra ought to have waited for submission of the report by him or referred the matter to some other Magistrate after recalling it from Shri Misra, but it was not open to the Sub -divisional Magistrate to take cognizance of the offence. The point urged by Counsel has got force and has to be accepted in view of the various decisions of this Court and the Supreme Court to some of which I will presently refer.