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2006 Supreme(Pat) 606

INDU PRABHA SINGH
Shyam Sundar Sinha "shyam" – Appellant
Versus
State Of Bihar – Respondent


Judgment

Indu Prabha Singh, J.

1. This is an application u/s. 482 of the Code of Criminal Procedure 1973 (in short the Code). It is directed against the order dated 24.9.2005 passed by Sri S.K. Tripathi, Judicial Magistrate Ist Class, Vaishali at Hajipur in Complaint Case No. 2456/2004, Tr.No. 1030 of 2005 by which it has been submitted that the learned Magistrate has taken cognizance of the offences under Sections 323, 324 and 384 of the Indian Penal Code instead of taking cognizance of the offences under the major Sections.

2. The petitioner happens to be the informant of the case. He had lodged a complaint petition before the learned Chief Judicial Magistrate, Vaishali at Hajipur under Secs. 307, 394 and 397 of the Indian Penal Code, 1860. He was examined on solemn affirmation by the learned Chief Judicial Magistrate who transferred the case to the court of the Judicial Magistrate named above under the provisions of sec. 192 of the Code. Before the learned Judicial Magistrate a number of witnesses were examined in an enquiry u/s. 202 of the Code and by the impugned order he wrongly held that case only under Secs. 323, 324 and 384 of the Indian penal Code was made out. He accordin
















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