AJAY JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party no. 2

(2.) THE petitioners assail the order of cognizance dated 2.11.2002 passed by the Chief Judicial Magistrate, Saharsa under sections 341/380/436 read with 34 of the I.P.C. arising out of a police case.

(3.) LEARNED counsel for the opposite party no. 2 submits that the Court below has taken cognizance in disagreement with the final report submitted by the police, which was well within jurisdiction. The fact that there is a reference to the protest petition in the opening lines of the order impugned is inconsequential. The informant had a right to be heard after the stage when police submitted the final report. Learned counsel relies upon a judgment of the Supreme Court reported in A.I.R. 1985 (SC) 1285 (Bhagwant Singh vs. Commissioner of Police & Anr.) in support of the above proposition. It is thus, submitted that the informant had a right to place his materials before the Court at this stage. This was all that was done.