Sanjay Kumar @ Sanjay Kumar Singh v. State of Bihar
2006-11-27
body2006
DigiLaw.ai
ORDER 1. Head counsel for the petitioner and the State. 2. Petitioner has challenged the order passed by the A.C.J.M. Lakhisarai dated 5.2.2004 passed in Case No. 10C of 2004 as well as the order passed by the revisional court in Cr. Rev. No.71 of 2004 dated 14.7.2006 whereby cognizance has been taken against the petitioners under Section 182/211 of the Indian Penal Code. 3. Petitioner's case is that both the courts below have committed serious error of jurisdiction in not considering the legal provisions of Section 203 Cr.P.C. The protest petition filed by the petitioner was rejected without following the procedure under Section 202 Cr.P.C. The complainant was not examined on S.A. and the witnesses were also not examined though the offence was triable by the court of sessions. Without following the procedure the protest petition was rejected and cognizance was taken under Section 182/211 of the Indian Penal Code. 4. Considering the facts of the case, the impugned order dated 5.2.2004 passed by the A.C.J.M. Lakhisarai and the order dated 14.7.2006, passed by Addl. Sessions Judge, Lakhisarai is quashed. The matter is remanded to the A.C.J.M. Lakhisarai for passing a fresh order in accordance with law following the procedure as provided under Section 202 Cr.P.C. 5. This application is allowed.