SANICHAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 7-1-1987 passed by Shrimati S. Sinha, Chief Judicial Magistrate, Giridih in T.R. Case No. 562/87; whereby and where under the said learned court directed issuance of processes as against the petitioners for standing trial for an alleged offence under Sections 144 and 379 of India Penal Code.

(2.) Mr. Ram Awtar Shamla, learned counsel appearing on behalf of the petitioners, raised two fold contentions in support of this application. The learned counsel firstly submitted that the learned Magistrate being not satisfied that a case for issuance of processes has been made out, called for a report from the police and pursuant thereto the officer-in-charge, Dumari Police Station submitted a report wherein he stated that only a few petitioners are guilty of the alleged offence. The learned counsel, therefore, submitted that the learned court below had no jurisdiction to examine any further witnesses in an enquiry under Section 202 of the Code of Criminal Procedure and directing issuance of processes as against all the petitioners in pursuance thereof. Secondly, the, learned counsel submitted that as the police report was called for by Shri P.R. P. Venna, Judicial Magistrate, Shrimati S. Sinha had no jurisdiction to issue processes. My attention has also been drawn to an order dated 19-9-1985 passed in Cr. Misc. No. 3469/85. (R) wherefrom it appears that earlier this court quashed the order taking cognizance as against the petitioners and remitted the case back to the court below for disposal thereof in accordance with law.

(3.) It is net in dispute that after the complaint petition was filed, the complainant was examined on solemn affirmation on 15-1 I -1984 as is evident from the certified copy of the complaint petition itself. From the order sheet it appears that the case was later on transferred to the court of Shri B.B. Pandey, Judicial Magistrate, Giridih and was registered T.R. No. 562/87. It is evident that Smt. S. Sinha, is a successor in office of the court of Shri P.R.P. Verma, Judicial Magistrate as the order sheet suggests.