LAKSHMAN URAON, J. - (1.) PETITIONER Vrigue Nan -dan Jha has challenged the order dated 7th August, 2002, passed by Sri B. Pratap, learned Judicial Magistrate, Deoghar, in PCR Case No. 209 of 2002/Tr. No. 930 of 2002, whereby, he has taken cognizance of the offences under Sections 144, 447 and 379 of the Indian Penal Code against the petitioner and eleven others.
(2.) OPPOSITE Party No. 2 Bachu Prasad Singh has alleged that this petitioner along with eleven others, named in the First Information Report, harvested the paddy crops, standing over Jamabandi No. 36 and took away the same. After investigation, the Investigating Officer submitted final form, stating therein, that no offence is made out against the accused persons. On 4th December 2001 a protest petition was filed by the said Bachu Prasad Singh (Opposite Party No. 2) whereupon the learned Court below heard the informant/complainant as also considered the witnesses, produced in course of enquiry under Section 202 of the Code of Criminal Procedure and by the impugned order dated 7th August, 2002, which is under challenge, took cognizance of the offences under Sections 144, 447 and 379 of the Indian Penal Code against the accused persons.
(3.) LEARNED counsel for the petitioner submits that there is an appeal in between the parties being Revenue Misc. Appeal No. 16 of 2001 -2002, pending in the Court of learned Commissioner, Santhal Parganas Division, Dumka, and, as such, the matter is still subjudice before him.;