JITENDRA NATH TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant application under Section 482, Cr PC is directed against the order dated 5.5.2004 passed in P.C.R. Case No. 177 of 2003 whereby the Chief Judicial Magistrate, Jamtara had directed for issuance for summons to certain witnesses to be examined under Section 311, Cr PC during inquiry conducted by him on a protest -cum -complaint petition under Section 202, Cr PC.

(2.) IT appears that the petitioner had filed a complaint before the Chief Judicial Magistrate, Jamtara against certain accused persons under Sections 323, 365 and 367, IPC. The Chief Judicial Magistrate, after receipt of the complaint, had forwarded the same to the police for registering a case and for investigation. The police, after conclusion of the investigation, had submitted final form declaring the case to be false and had recommended for initiating a proceeding under Section 182/211, Cr PC. Thereafter, the petitioner filed a protest petition on which the learned Court below had proceeded to conduct inquiry under Section 202, Cr PC and in course of which the complainant and the witnesses produced by him, were examined on solemn affirmation. The learned Court below instead of confining the inquiry to the evidences produced by the complainant, had sought to examine other witnesses named in the case diary, or the purposes of examining them under the purported exercise of powers under Section 311, Cr PC.

(3.) LEARNED counsel appearing for the State has conceded that the impugned order is not in consonance with the, provisions of law and it appears that learned Court below has assumed the role of trial Court and that the learned Court below has committed an error of law while passing the impugned order.