- (1.) THE petitioner has prayed for quashing the order dated 26.6.2008 and order dated 9.2.7007 passed by learned Sessions Judge, Giridih and learned Chief Judicial Magistrate, Giridih respectively. Equivalent Citation:2009 -JX(Jhar) -0 -1154
(2.) THE grievance of the petitioner is that learned Chief Judicial Magistrate has not taken cognizance and has dismissed the complaint petition filed under Section 203, Cr PC relying upon the letter of the President, Bihar Bhudan Yagya Committee dated 19.4.2002 and observing that they have acted as per direction of the President and that they have not prepared the document for the purpose of cheating and there is no sufficient material on record to proceed against the accused persons. It has been submitted that the said order is illegal and has been passed without considering the specific allegation making out a prima facie case of forging documents by the officials of the Bhudan Yagya Committee. Aggrieved by the said order the petitioner had assailed the same in Cr. Revision No. 56 of 2007 before learned Sessions Judge, Giridih. but he also did not properly consider the points placed before him and erroneously upheld the order of Chief Judicial Magistrate holding that he has passed the order considering all the relevant aspects and his order is legal and valid and has been passed taking into account the statutory provisions of the authority of Bhudan Yagya Committee, the act of accused Nos. 1, 2 and 3 stated in the complaint petition does not come in the purview of the offences. Learned Sessions Judge has also erred in dismissing the revision application.
(3.) LEARNED counsel appearing on behalf of the petitioner submitted that the Chief Judicial Magistrate had no authority to look into the document placed before him at the time of enquiry. He has entered into the merit of the case at the enquiry stage and has erroneously come to the finding that no case, as alleged, is made out against the petitioner. Learned revisional Court has also committed the same error. The impugned orders are contrary to law and are liable to be set aside by this Court.;