MANOJ KUMAR BEURA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) The petitioner has prayed for quashing the entire prosecution of Katihar Town P.S. Case No. 626. of 1996 being G.R. No. 2550 of 1996 arising out of Complaint Case No. 1468 of 1996 under Section 13 of the P.C. Act. The petitioner also seeks quashing of the orders dated 28.2.02 and 23.7.07 passed by the learned Chief Judicial Magistrate, Katihar, issuing warrant of arrest against the petitioner in aforesaid case. The issues involved in this case are as follows: (a) Whether a Magistrate has jurisdiction to Entertain complaint case under Section 13 of The P.C. Act and can it endorse the same to Police under Section 156(3) Cr.P.C. to register A case ? (b) Whether a Magistrate could have issued a warrant on requisitions made pursuant to the investigation in such matter ? (c) Whether an appropriate course would have been for the Magistrate to return the complaint under Section 201 of Cr.P.C. for being presented before the competent court ?

(3.) THE petitioner was posted as Senior Divisional Signal and Telecommunication Engineer, Katihar Division, N.F. Railway, Katihar. In 1997 he was transferred to New Jalpaiguri and at present is posted at Bhubaneshwar.