- (1.) Learned counsel appearing for the petitioner submits that prayer for quashing of the order taking cognizance is based upon a decision rendered in a case of Kishore Singh and others vs. State of Bihar and others, 2004 13 SCC 11] . However, subsequently a case, in which issue which was involved in the aforesaid case was there has been referred to a Full Bench and, therefore, it would be desirable that the matter be posted after disposal of the case pending before the Full Bench of the Hon ble Supreme Court.
(2.) However, learned counsel appearing for the opposite party no.2 submits that subsequent to reference of the case before the Full Bench, the Hon ble Supreme Court has passed an order in a case of Uma Shankar Singh vs. State of Bihar and another, 2010 9 SCC 479] and in a case of Dr.Nupur Talwar vs. C.B.I, 2012 1 JLJR 344 (S.C)] whereby it has been held that Magistrate does have every power to take cognizance of the offence against the person who was not charge sheeted if material discloses commission of the offence by him. Under this situation, the case be decided keeping in view the said decisions of the Hon ble Supreme Court.
(3.) However, learned counsel appearing for the petitioner submits that it is true that the decisions rendered in those cases are contrary to the decision rendered in Kishori Singh's case but again same view has been reiterated by the Hon ble Supreme Court in a case of Jile Singh State of Uttar Pradesh and another, 2012 3 SCC 383] .;