SHYAM SUNDAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure 1973 (in short' the Code). It is directed against the order dated 24.9.2005 passed by Sri S.K. Tripathi, Judicial Magistrate Ist Class, Vaishali at Hajipur in Complaint Case No. 2456/2004, Tr.No. 1030 of 2005 by which it has been submitted that the learned Magistrate has taken cognizance of the offences under Sections 323, 324 and 384 of the Indian Penal Code instead of taking cognizance of the offences under the major Sections.

(2.) THE petitioner happens to be the informant of the case. He had lodged a complaint petition before the learned Chief Judicial Magistrate, Vaishali at Hajipur under Sections 307, 394 and 397 of the Indian Penal Code. He was examined on solemn affirmation by the learned Chief Judicial Magistrate who transferred the case to the court of the Judicial Magistrate named above under the provisions of Section 192 of the Code. Before the learned Judicial Magistrate a number of witnesses were examined in an enquiry under Section 202 of the Code and by the impugned order he wrongly held that case only under Sections 323, 324 and 384 of the Indian penal Code was made out. He accordingly held that the case is triable by his court though actually in the complaint petition allegations were also under Sections 307, 394 and 397 of the Indian Penal Code.

(3.) THE parties have been heard at length with respect to the various submissions made on their behalf. The main grievance of the be petitioner appears to be that though he had filed the complaint petition alleging offences under Sections 307, 394 and 397 of the Indian Penal Code. The learned Magistrate by the impugned order has taken cognizance only under Sections 323, 324 and 364 of the Indian Penal Code. He should have taken cognizance also of the offences under Sections 307, 394 and 397 of the Indian Penal Code. In view of this matter he has prayed that the impugned order be quashed.