PRIYA RANJAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, against the order, dated 23-8-1986 passed by the Chief Judicial Magistrate, Palamau, by which he took cognizance of the offences under Sections 147, 379 and 427 of the Indian Penal Code against the petitioners and issued processes, and there after transferred the case to the court of the Sub- divisional judicial Magistrate for trial. The point raised in this case before this court lies within a very narrow compass.

(2.) Learned counsel appearing on behalf of the petitioners has submitted that the cognizance taken is bad in law in view of wrong exercise of powers by the Chief Judicial Magistrate under the provision of Section 202 of the Code of Criminal Procedure.

(3.) It is needless to state the facts of the case in detail. Only it may be pointed out that the opposite party No. 2 filed a complaint against the petitioners for having committed offences under Sections 147, 148, 379 and 427 of the Indian Penal Code in respect of the incident allegedly taken on 17-7-1986. On 19-7-1986 the Chief Judicial Magistrate examined the complainant on solemn affirmation and directed an enquiry under Section 202 of the Code of Criminal Procedure by Shri G. C Gupta, Judicial Magistrate of the same place. In his enquiry report the Judicial Magistrate held that a prima facie case under Sections 147, 379 and 426, I. P. C. has been made out. This enquiry report was placed before the Chief Judicial Magistrate, and he took cognizance of the offences as aforesaid. This order has been challenged by the petitioners.