GANES LAL BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications are disposed of by a common judgment as common questions are involved in these petitions. Crl. Misc. No. 549 of 1995 (R)

(2.) Learned counsel for the petitioner submits that the petitioner also lodged an FIR on 6th January, 1993 and the same has been registered as Mandu P. S. Case No. S dated 6-1-1993 and in connection with the said case the police has submitted final report and protest petition is pending.

(3.) Various factual questions relating to other proceedings between the parties have been urged to contend that the order taking cognizance is bad. In para 13 of the petition it has stated that before taking cognizance the learned Magistrate ought to give an opportunity of hearing to the petitioner. An application to that effect was also filed (Annexure 6) before the learned Magistrate.