KAILAS TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this application is being proceeded against for having committed an offence under Section 211 of the Indian Penal Code and Rule 43 of the Defence of India Rules. It is said that the petitioner had filed a complaint in the Court of Learned Sub-divisional Judicial Magistrate, Bhabhua on 13.3.1976 under Section 342 and 504 of the Indian Penal Code. THE petitioner was examined on 19.3.1976 on solemn affirmation and though the witnesses were present, they were not examined. It appears that the complaint petition was dismissed by a considered order passed by the Sub- divisional Judicial Magistrate, Bhabhua, dated 15.4.1976 and by that very order the court directed the petitioner to show cause as to why he should not be prosecuted under Section 211 of the Indian Penal Code and Rule 43 of the Defence of India Rules. THE cause was shown by the petitioner which was rejected and by his order dated 21.4.1976 the Learned Sub-divisional Judical Magistrate directed that a complaint be filed under Section 211 of the Indian Penal Code and Rule 43 of the Defence of India Rules. THE facts need not be stated because I propose to dispose of this application on a short poin.

(2.) THE Learned Sub-divisional Judicial Magistrate on 21.4.1976 i.e. on the day he directed a complaint to be filed passed the following order a certified copy of which has been filed before this Court :