Anwar Kujra and Others vs The State of Bihar and Zafar Alam

Sheema Ali Khan, J.—Heard learned Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State.

Learned Counsel for the petitioners submits that the order taking cognizance dated 02.05.2007 by the Chief Judicial Magistrate, Darbhanga is barred by Section 468 of the Code of Criminal Procedure.

The facts are that the case was instituted on 13.12.1999 for offences under Sections 147, 341, 323 and 447 of the Indian Penal Code. For some reason, the case remained pending. The Investigating Officer was transferred and as such an application was made for re-investigation of the case as no charge sheet etc. has been filed in the Courts. The application for reinvestigation was allowed by order dated 03.02.2007 by the Chief Judicial Magistrate, Darbhanga. The order is quoted in the impugned order of the Sessions Judge, Darbhanga. It appears from the impugned order that perhaps the accused were not noticed in this case and the order was passed. Nevertheless, the fact remains that after reinvestigation, charge sheet was submitted against the petitioners in the year 2007 and thereafter cognizance has been taken in this case. Therefore, the plea that the cognizance is barred by Section 468 of the Code of Criminal Procedure is not available to the petitioners.

Counsel for the petitioners also submits that the order of the Chief Judicial Magistrate dated 03.02.2007 is not in accordance with law as the petitioners were not heard in the matter, however order has not been challenged before any Court of Law as yet and as such, this Court cannot pass any order on the merits of the order of re-investigation of the case. For the present, I find no illegality in the order taking cognizance.

This application is accordingly dismissed.