RAM EKABAL PANDEY Vs. KAPILDEO RAI

JUDGEMENT

(1.) In this application the learned Advocate Sri Wasi Akhtar appearing for the petitioner has raised several issues with regard to the powers vested in a Magistrate under Chapter 15 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and how a Magistrate is to act and to proceed in case of a complaint, filed before him.

(2.) The application has been directed against an order, dated 22-6-1981, passed in an Enquiry Case No. 131/1980 by Sri R.P. Pandey, Judicial Magistrate, 1st Class at Motihari, district East Champaran. The learned Magistrate, by this order impugned, has dropped the case. The order reads as follows :

(3.) The petitioner had filed a petition of complaint on 9-1-1979 in the court of the Chief Judicial Magistrate, Motihari. The learned Magistrate, vide order, passed on 12-11-1979, transmitted the petition of complaint, to the local police for institution of a case and for investigation. The Chief Judicial Magistrate has passed the following orders :