GANPATI NARAYAN TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this application under the provisions of Section 482 Cr.P.C., has prayed for quashing the order dated 11.02.2004 whereby the complaint petition filed by him was dismissed by the court below on the basis of some documents which the accused persons were allowed to file even at the stage of enquiry under Section 202 Cr.P.C.

(2.) Learned Counsel for the petitioner has assailed the impugned order of the Magistrate as also that the Sessions Judge on the ground that the Magistrate has committed a serious error of procedural law by allowing the accused persons to appear and file documents at the stage of enquiry even without issuance of any summon against them and by relying upon such documents.

(3.) Learned Counsel for the State, on the other hand, would argue that in course of enquiry conducted by the Magistrate under the provisions of Section 202 Cr.P.C., the accused may not have any locus standi to submit any argument but the provisions do not prohibit the accused persons to participate in the enquiry proceeding.