RAM SAGAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this Misc. application filed u/s 482 of the Code of Criminal Procedure (in short as Code) prayer has been made to quash the order dated 3.6.2006 whereby and whereunder learned Magistrate in case no. 854/05 styled as Surendra Prasad Gupta @Bhola vs. Bijendra Prasad Suman & Ors, has taken cognizance u/ss 148, 304, 120B of Indian Penal Code.

(3.) SUBMISSION of learned counsel for the petitioners is that learned Sessions Judge by order dated 24.9.2005 remanded the matter for afresh consideration of the entire material including the question of sanction. On remand learned Magistrate considered the report of S.D.M., Sitamarhi and took cognizance without considering the question of sanction. Learned counsel pointed out that in the impugned order learned Magistrate has nowhere mentioned that as to why no sanction was required in the present case.