CHANDER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order dated 4th February, 1980 passed in case No. C -876 of 1980 and 79/706 of 1980 by the learned Chief Judicial Magistrate, Gaya, who has taken cognizance for the offences under sections 447 and 323 of the Indian Penal Code against the petitioners.

(2.) IT appears that the opposite party No.2 had presented a complaint petition making certain allegations against 7 persons including the petitioners on 4th December, 1979. The complainant was examined on solemn affirmation. The learned Chief Judicial Magistrate has observed as follows "...In order to decide whether there is sufficient ground for proceeding against the accused persons an investigation under section 202, Criminal Procedure Code is necessary. Let, therefore, a copy of the complaint petition be forwarded to the D. I. 'A' for investigation under section 202, Criminal Procedure Code and report by 18th December, 1979".

(3.) LEARNED counsel appearing on behalf of the petitioners has submitted that cognizance is bad in law as it has not been taken in accordance with the provisions of the Code of Criminal Procedure (hereinafter referred to as the Code').