1982 INSC 0209
                                                 Gopal Vijay Verma

                                                           Vs

                                      Bhuneshwar Prasad Sinha and Others

                                        Criminal Appeal No. 808 of 1981

                                          (O. Chinnappa,V. B. Eradi JJ)

                                                      17.11.1982

                                                        ORDER

1. The High Court was clearly in error in thinking that the Magistrate could not take cognizance of a
case upon complaint because he had earlier refused to take cognizance of the case on a police report.
The order of the High Court is set aside. The matter is remitted to the Chief Judicial Magistrate,
Patna for disposal according to law. If the accused have any further objections to raise, they may do
so before the Chief Judicial Magistrate.

2. The appeal is disposed of accordingly.

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