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Judgment
Syed Md. Mahfooz Alam, J.—This application u/s 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28.1.2001/ 30.1.2001 passed by Shashi Bhushan Prasad Singh, Judicial Magistrate, 1st Class, Baishali at Hajipur in Complaint Case No. 413 of 1998 whereby he has been pleased to take cognizance of the case against the accused-petitioner but due to inadvertence sections of the Indian Penal Code could not be mentioned in the order impugned. Perused the case record.
Perusal of the complaint petition discloses the commission of offence under Sections 500, 504 and 506 of the Indian Penal Code by this petitioner and it appears, that two witnesses examined during enquiry have supported the ''case of the complainant and this fact has been incorporated in the impugned order of the learned Magistrate but due to inadvertence the learned Magistrate while taking cognizance of the offence failed to mention the relevant sections in which cognizance was taken. In such view of the matter, this application is allowed on technical ground and the matter is remitted back to the learned court below for passing fresh cognizance order in accordance with Jaw mentioning the sections of the Indian Penal Code after condoning limitation, if any.