JAGARNATH SINGH Vs. KRISHNA MANGAL SINGH

JUDGEMENT

(1.) BY means of this petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') the petitioner has prayed for quashing the order of the Sub -Divisional Judicial Magistrate. Sheohar, Sitamarhi, dated 19th August. 1993 incase No. C. 1/47 of 1991 Tr. No. 383/93, whereby and whereunder, cognizance for the offences under Sections 327 and 328 of the Indian Penal Code has been taken with a direction for issuance of non -bailable warrant of arrest.

(2.) IT would appear from the materials on record that on the basis of Fard -beyan of Opp. party No. 1, the police registered Sheohar P.S. Case No. 16 dated 12th April, 1988 under Sections 307 and 428 of the Indian Penal Code, which was later converted under Sections 307 and 328 of the Indian Penal Code. The police, however, upon investigation being satisfied that no case is made out, submitted a final report. Although the Chief Judicial Magistrate by order dated 25th January, 1991 accepted the final report, but having regard to the pendency of protest petition, directed the complainant/Opp. party No. 1 to appear for examination on solemn affirmation on 23rd February, 1992. Ultimately the case was adjourned to 9th April, 1991. But due to ailment. The complainant/opposite party could not appear in the Court, hence the complaint was dismissed under Section 203 of the Code.

(3.) LEARNED Counsel appearing for the petitioner contended that the impugned order is quite illegal since the learned Magistrate had no Jurisdiction to review his previous order, whereby, the complaint was dismissed under Section 203 of the Code.