AWADH KISHORE CHOUDHORY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 24.9.2001 passed by the ACJM, Patna City, by which he had made over the complaint under Section 192(1) Cr PC to Sri S.N. Singh, Judicial Magistrate and also for quashing the order dated 9.7.2002 passed by the Judicial Magistrate, 1st Class under which he has ordered to issue summons against the petitioners for standing trial for offences under Sections 461, 380, 448, 508, 323, 327/34 of the Indian Penal Code in C.A. No. 723/2001.

(2.) HEARD .

(3.) IT is well settled that at the time of taking cognizance the Magistrate has only to see whether the allegations made in the complaint petition disclose any offence and at the time of issuance of processes he has only to see whether there is any prima facie case against the accused for proceeding against him. The facts mentioned by the learned lawyer are defence of the petitioners and it is also settled that the Magistrate is not required to consider the defence of the accused at this stage.