BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28.1.2001/ 30.1.2001 passed by Shashi Bhushan Prasad Singh, Judicial Magistrate, 1st Class, Baishali at Hajipur in Complaint Case No. 413 of 1998 whereby he has been pleased to take cognizance of the case against the accused -petitioner but due to inadvertence sections of the Indian Penal Code could not be mentioned in the order impugned.

(2.) PERUSED the case record.

(3.) IN such view of the matter, this application is allowed on technical ground and the matter is remitted back to the learned court below for passing fresh cognizance order in accordance with law mentioning the sections of the Indian Penal Code after condoning limitation, if any.