BIJAY KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 30.05.2013 passed by 1st Additional Sessions Judge, Deoghar in Criminal Revision No. 84 of 2012, whereby and whereunder he directed the Judicial Magistrate to proceed on the protest -cum -complaint petition filed by the complainant/informant in accordance with law. It appears that the complainant/informant has filed a complaint before the Chief Judicial Magistrate, Deoghar alleging therein that the accused persons (petitioners) had committed murder of her husband. The said complaint was sent for investigation under Section 156(3) of the Cr.P.C. Accordingly, police registered Mohanpur (Kunda) P.S. Case No. 44 of 2004 under Sections 302, 201 & 34 of the I.P.C. against the petitioners and took up investigation. After completing the investigation, police submitted final form. It appears that thereafter notice issued to the complainant/informant. Informant appeared in the case and filed protest petition. From perusal of order dated 24.03.2012 passed by learned Judicial Magistrate, Deoghar in G.R. No. 174 of 2004, it appears that learned Judicial Magistrate without any inquiry, as envisaged under Section 202 of the Cr.P.C., accepted the final form and close the case against the accused persons. Against the said order, informant filed revision bearing Criminal Revision No. 84 of 2012. Aforesaid revision disposed of by the impugned order.

(2.) FROM perusal of order of the Judicial Magistrate, it is clear that he has not conducted any inquiry on the protest petition as envisaged under Section 202 of the Cr.P.C. Thus, I find that the learned Revisional Court has rightly interfered with the said order and directed the Judicial Magistrate to make inquiry and dispose of the case in accordance with law. Under the said circumstance, I find no illegality in the impugned order. Accordingly, this writ application is dismissed.