PANKAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State.

(2.) THE learned counsel for the petitioner submits that the impugned order dated 22.2.2003 is bad in law on the ground that the court below has proceeded to take cognizance on the basis of the protest petition without holding any enquiry as envisaged by the Code of Criminal Procedure. He submits that the court below while considering the protest petition simply looked into the materials collected during the investigation and proceeded on the said basis.

(3.) THE matter is now remanded to the court below to proceed afresh in the matter in accordance with law.