Dinesh Mehta &Amp; Ors vs State Of Bihar on 1 July, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.5901 of 2010
                             DINESH MEHTA & ORS
                                       Versus
                                 STATE OF BIHAR
                                     -----------

4/ 01.07.2010 This court had called for an explanation from the

Magistrate concerned as to why cognizance was taken only under

sections 436 and 120-B Indian Penal Code even though from the

narrative of the complaint a complete case under section 302 Indian

Penal Code was made out.

Explanation has been sent by the Chief Judicial

Magistrate, Araria, who has merely narrated the sequence of event.

I do not understand what he has meant by sending this

communication to this court since whatever he has stated is very

obvious and need not be clarified. What this court was specifically

asking was why even though a clear case under section 302 Indian

Penal Code was made out cognizance was taken only under sections

436 and 120-B Indian Penal Code.

Call for an explanation from the Chief Judicial

Magistrate, Araria, in this regard.

Let this order be communicated to the District & Sessions

Judge, Araria, for his comments.

The explanation must reach this court within three weeks.

JA/-                                                (Anjana Prakash, J.)