Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26830 of 2010 ===================================================== = Dhananjay Jha @ Dhananjay Kumar Jha & Anr .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ===================================================== = Appearance : For the Petitioner/s : Mr.Partha Sarthy Mr. Apurva Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad ===================================================== = CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 12-03-2012 Heard learned counsel for the petitioners as well as learned Additional P.P. Petitioners have challenged the order dated 20.6.2005 passed by the learned Chief Judicial Magistrate, Madhepura in connection with Kumar Khand P.S. Case No. 68/2000 in G.R. No. 346 of 2000 whereby and whereunder summoned the petitioners to face the trial for offences under [STATUTE] and section 27 of the Arms Act. The learned counsel for the petitioners drew attention towards the order impugned and submitted that instead of taking into account the materials collected during the course of investigation by the Investigating Officer and though incorporated in the case diary, deflected there from and took the charge sheet solely into its consideration to arrive at and justifying summoning of the petitioners. Learned Additional P.P. though supported the plea but submitted that charge sheet along with case diary has got conjoined status duly identified under section 173 of the Cr.P.C Be that as it may, at the time of taking of cognizance it is incumbent upon the Magistrate to go through the case diary and infir there from regarding the subsequent steps to be taken up by the learned Magistrate, so far Police case is concerned. Patna High Court Cr.Misc. No.26830 of 2010 (2) dt.12-02-2012 2 There appears to be manifest error in the order impugned because of the fact that the learned C.J.M., Madhepura had by passed the case diary and instead thereof, based his opinion on the basis of the charge sheet, which happens to be conclusion of the investigation recorded in precised form. As such, the order impugned is set aside. Consequent there upon the petition is allowed. The matter is referred back to the learned lower Court to proceed afresh in accordance with law. Sudha/- (Aditya Kumar Trivedi, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.