RAJENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners and the opposite party no. 2.

(2.) THE petitioners have filed this application for quashing the order dated 11.2.2003, passed by the Additional Chief Judicial Magistrate, Hilsa in Chandi P.S. Case No. 370 of 2001 by which cognizance has been taken.

(3.) THE petitioners have challenged the order taking cognizance on the ground that once the Magistrate has proceeded against the informant and has taken cognizance against him under Sections 182 and 211 of the Indian Penal Code he could not have taken cognizance against the petitioners as it will amount to reviewing of his own order by which he has taken cognizance against the informant. The submission of the counsel appearing for the petitioner is not convincing because from the order impugned it is apparent that the final form which was on record was not accepted by the Magistrate and it was mandatory for the Magistrate before accepting the final from he should have issued notice to the informant and should have assigned opportunity of hearing to the informant. There is no order by which he has accepted the final form. The Magistrate has taken cognizance against the petitioners on consideration of the evidence recorded by the Investigating Officer in course of investigation and also different petitions fifed by the informant and the victim. There are sufficient material in the case diary considering which the cognizance has been taken.