KAILASH YADAV Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), the petitioners have challenged the order dated 30.05.2008 passed by the Judicial Magistrate, 1st Class, Bokaro in Complaint Case no. 497 of 2007 whereby and where under the Court has taken cognizance of the offence under Sections 323/379/341/504/34 of Indian Penal Code and directed to issue summons to the petitioner.

(2.) Heard learned counsel for the petitioners as well as the learned counsel representing the State.

(3.) Learned counsel Mr. Mahata appearing for the petitioners assailing the order taking cognizance seriously contended that the court below while taking cognizance of the offence has not at all considered the amended part of Section 202 of the Code, which clearly mandates that if the accused is residing at a place from the area in which the Court exercises his jurisdiction, the Magistrate shall postpone the issue of process against the accused and either enquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding. It was also submitted that the petitioners are the residents of District-Buxar (Bihar), which would appear from the complaint petition itself but ignoring that, the court below took cognizance of the offence and directed to issue summons for the appearance of the petitioners. Hence, the order impugned is bad in law and fit to be quashed. Learned counsel further submitted that after accusation, trial has already proceeded and 3 or 4 witnesses have been examined by the court below. As such, the court below be directed to consider all the issues at the time of final hearing.