Rongon Mukhopadhyay, J. - (1.) Heard the parties.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding of Rehla P.S. No.42 of 2010, corresponding to G.R. Case No.1359 of 2010, including the order dated 13.07.2012 passed by learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, whereby and whereunder, cognizance of the offences punishable under Sections 307/34 of the Indian Penal Code as well as under Section 27 of the Arms Act, has been taken against the petitioner. Further prayer has been made to quash the order dated 17.05.2012 passed in Cr. Rev. No.16 of 2012 by learned Sessions Judge, Palamau at Daltongaj, by which order accepting the final form and treating the case, as complaint case, has been allowed and the trial court was directed to pass a reasoned order in accordance with law.
(3.) It has been stated by learned senior counsel for the petitioner that after institution of the first information report being Rehla P.S. Case No.42 pf 2010, investigation culminated into submission of the final form. It has been further stated that after protest petition was filed, the same was treated as complainant case and the cognizance was taken. However, being aggrieved with the procedure adopted by learned Magistrate, Cr. Rev. No.16 of 2012 has been filed and the learned revisional court, without giving any opportunity to the petitioner, has set aside the earlier order passed by the learned Magistrate and has remanded the matter back and pursuant to which, cognizance has been taken, which is also under challenge in this application.;