SAIYED ABRARUL HASNAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the revisional order dated 17.2.2003, passed by the Additional Sessions Judge IX, Munger, whereby he has set aside the order of the Additional Chief Judicial Magistrate (for short 'the A.C.J.M.') dated 6.10.2001 taking cognizance against opposite parties No. 2 to 4 under Sections 144, 341 and 467 of the Indian Penal Code.

(2.) The shorn of all details, necessary facts are that a Police case was registered by the petitioner, in which police submitted a final form, which was accepted. A protest petition was filed andthat protest petition was treated as complaint case being numbered as Complaint case No. 620/2000. The A.C.J.M. examined the complainant and one another witness and, thereafter, dismissed the complaint petition. Against that the petitioner filed a revision being Cr. Rev. No. 10 of 2000 before the Sessions Judge, Munger who by a long order after having come to the conclusion that a prima facie case is made out set aside the order of the ACJM and remitted the case to him to make further enquiry and to write out order a fresh in accordance with law. Thereafter, the ACJM after perusal of the materials on the record, took cognizance against opposite parties No. 2 to 4. The revisional Court set aside the order of the ACJM on the ground that the earlier revisional order was not complied with by holding an enquiry and accordingly, remanded the matter for compliance of the revisional order passed by the Sessions Judge earlier as stated above on 11.5.2001 in Criminal Revision No. 10 of 2000.

(3.) I am of the view that the revisional Court has misconceived the legal proposition. The law is well-settled that after enquiry if a complaint is dismissed and revisional Court orders for a further enquiry on finding a prima facie case then the Court below has nothing to do except to take cognizance for the simple reason that there cannot be another further enquiry. This point has been settled by two Division Bench judgments of this Court i.e., one in the case of Brijnath Sahai V/s. Babu Lal, 1956 BLJR 575 and the other in the case of Jugeshwar Choudhary V/s. A.Lakra,1966 BLJR 693. In the case of Brijnath Sahai it has been held as follows :