SAHID EKBAL KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners and the counsel for the State.

(2.) THIS application under Section 482 Cr. RC. has been filed by the petitioners for quashing the order dated 21.8.2001, passed by the Chief Judicial Magistrate, Motihari by which he has taken cognizance against the petitioners under section 504 of the Indian Penal Code. Prayer has also been made for quashing the order dated 23.9.2003, passed by the 4th Additional Sessions Judge, East Champaran, Motihari in Cr. Rev. No. 408/34 of 2001 -2002 by which the order passed by the Chief Judicial Magistrate, Motihari has been affirmed.

(3.) IT has been submitted by the counsel for the petitioners that with regard to the same occurrence an information was given by the petitioner on 18.2.2001 itself at the police station. Although Sanha entry was made, but the Officer -in -charge of the police station was reluctant to institute a case subsequently on the direction and intervention of the Superintendent of Police, Motihari, Motihari Town P.S. Case No. 48 of 2001 was instituted. It has been submitted by the counsel for the petitioner that order taking cognizance is without jurisdiction, since the final report disclosed commission of non cognizable offence only. The report should be deemed to be complaint under Section 2(d) of the Cr. PC. Learned Magistrate should have adopted procedure of complaint, before passing order of cognizance.