SARDA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed challenging inter alia the entire prosecution in connection with Complaint Case No. 172 of 1994 filed by the opposite party No. 2 alleging offence under Sections 143, 341 and 380 of the Indian Penal Code. On the said complain, the police submitted a final report, stating therein, that the complaint is false. Thereafter on 6th May, 1994 the opposite party No. 2 filed a protest petition before the Magistrate, and the Magistrate put up the same for hearing on 6th May, and on 6th May the said petition was heard and the case diary was called for.

(2.) Thereafter by an order dated 23rd August, 1994 the final report was submitted by the police in connection with the complaint filed by opposite party No. 2 on 2nd March, 1994 was accepted by the Magistrate. But later on the same day i.e., 23rd August, 1994 the Magistrate ordered the protest petition which was already filed to be registered and to be put up on 8-9-1994 for enquiry.

(3.) In the background of these factual aspects, the learned counsel for the petitioner argues that the order dated 23rd August, 1994 which was passed by the learned Magistrate accepting the final report submitted by the police, has become final as the same has not been challenged any where. He further contends that the said order cannot be reviewed by the Magistrate. In support of this contention the learned counsel for the petitioner relied on a decision in the case of Bindeshwari Prasad Singh V/s. Kali Singh, 1977 AIR(SC) 2432. Reliance was placed on the said decision to the effect that lower court in criminal matters, do not have any inherent power similar to that of Section 15l of Civil Procedure Code. In that view of the matter, the contention of the learned counsel for the petitioner is that the order which was passed on the same day, i.e., 23rd August, 1994 by the learned Magistrate registering the petition of the opposite party No. 2 must be set aside and quashed by this Hon'ble Court.