KRISHNADEO PRASAD Vs. BUDHNI

JUDGEMENT

(1.) This application by the accused is directed against an order of the 2nd Additional Sessions Judge of Hazaribagh.

(2.) The relevant facts may be shortly stated. The opposite party filed a petition of complaint before Mr. Muhammad Tamil Hasan, the Subdivisional Magistrate in charge of Sadat Subdivision of Hazaribagh, on the 8th September, 1960. The Magistrate examined the complainant on oath, and ordered an inquiry to be made by the Mukhiya. On the 12th and 30th October 1960, the complainant filed protest petitions before the Magistrate for withdrawal of the inquiry from the Mukhiya. No order was passed. The Mukhiya submitted a report dated the 4th November, 1960, which was placed tor hearing before Mr. R.R. Prasad, the Second Officer, on the 9th November, 1960, along with the protest petitions. By an order of that date, he dismissed the complaint under Section 203 of the Code of Criminal Procedure. The complainant opposite party filed an application for further inquiry in the Court of Session, and that application was put up for disposal before the 2nd Additional Sessions Judge of Hazaribagh. The learned Judge came to the conclusion that Mr. R.R. Prasad had no jurisdiction to pass an order under Section 203 of the Code in respect of the complaint because it wax filed before the permanent Sub-divisional Magistrate who had also taken cognizance of it. On this ground alone, he set aside Mr. Prasad's order, dated the 9th November, 1960, and directed Further inquiry. The accused petitioner has come up to this Court against that order.

(3.) The case has been placed before this Bench on a reference made by a Division Bench. In the order of reference the learned Judges have Formulated the points for decision as follows;