DEO KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code') for quashing an order by which the Magistrate has taken cognizance of offences under Section 307, 326 and 323 read with Section 34 of the Indian Penal Code and summoned the accused persons.

(2.) It appears that a sanha was recorded by the police on the 3rd April, 1976. On the statement of one Bashisath Muni Rai alleging that the petitioners came and started cutting the Mori (water channel) and on Protest assaulted him differently. On this basis, the first information report was drawn up, a case instituted and investigation taken up. After completing investigation, the police submitted final form (loosely called, final report) treating the case to be one of mistake of fact. A protest Petition was filed. It appears, however that thereafter the case was supervised by the sub-Inspector of police and he re-examined the witnesses and on the basis of their statements, he found a prima facie case to have been made out against the accused and, accordingly, the police submitted chargesheet. On receipt thereof, the Magistrate took cognizance of the offences, as stated above. Hence, this application.

(3.) Counsel for the petitioners has raised two points before me. Firstly, he has contented that the Magistrate does not appear to have applied his mind at all to the facts of the case before taking cognizance which is a judicial act and the order is bad on that account; secondly, it has been urged that he had no jurisdiction to take cognizance because the police had no jurisdiction in law to hold further investigation and submit a chargesheet after having submitted a "final report" earlier. Both the points are devoid of any substance and must be rejected.