HEMBROM DANIEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) An occurrence is said to have taken place on the 3rd of July 1962 by rash and negligent driving of the petitioner of a motor vehicle bearing No B R T 4057 Information of this occurrence has lodged at the police station. The investigating Officer made investigation and submitted a report under Section 173 of the Code of Criminal Procedure, hereinafter referred to as the 'code', which was in favour of the petitioner and as is generally called it was 'final report'. This report was submitted on 24-9-62. The subdivisional Magistrate passed the following order on this date :

(2.) The petitioner being aggrieved by the order dated 31-7-63 of the learned Sub-divisional Magistrate moved the Sessions Judge of Singhbhum at Chaibassa to make a reference to this Court for the quashing of the said order. But the learned Sessions Judge refused to make a reference and then the petitioner obtained a rule from this Court against the State to show cause why the order aforesaid be not called up and quashed.

(3.) In our opinion, the impugned order of the learned Sub-divisional Magistrate is illegal and erroneous and must be set aside. The case has got to be remitted back to him. Under Sub-section (1) of Section 190 of the Code, the learned Sub-divisional Magistrate could take cognizance of am offence