RAM NIRANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 12.1.2005 passed in Complaint Case No. 115(c)/2004 arising out of the protest petition filed in Bakhtiyarpur P.S. Case No. 225/99 whereby the learned court below has taken cognizance, under Sections 148, 364(A) of the Indian Penal Code and Section 27 of the Arms Act against the. petitioners.

(2.) It has been submitted by the learned Counsel of the petitioners that the impugned order is illegal and fit to be set aside in view of the fact that for the same offence Bakhtiyarpur P.S. Case No. 225/99 was instituted in which the police after investigation had submitted final report against the present petitioners but against other accused, the police had submitted charge-sheet on the basis of which the learned A.C.J.M., Barh had taken cognizance, against the chargesheeted accused and accepted final report against the petitioners vide order dated 16.5.2002. The contention of the learned Advocate of the petitioners is that since the learned A.C.J.M. had already taken cognizance against some of the accused vide order dated 16.5.2002, as such he was not authorised under law to again take cognizance, against the present petitioners on the basis of protest complaint. According to his argument, Section 210 of the Code of Criminal Procedure debars the Magistrate in taking cognizance, in such cases. I think this argument is misconceived on the following grounds:

(3.) On the basis of my above findings, I am of the view that there is no merit in this application and as such, the same is hereby dismissed. However, liberty is given to the petitioners to move the trial court to amalgamate, both the cases and proceed with the cases as per the provision contained under Section 210 Clause-2 of the Cr.P.C.