IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12157 of 2007 RAM SAKAL BIN @ RAM SAKAL BIND & ORS Versus STATE OF BIHAR & ANR ----------- 4. 5.9.2008. Heard the learned counsel for the petitioners as also the learned counsel for O.P. No.2 and the learned A.P.P. for the State. The grievance of the petitioners is directed against the order dated 3rd of April, 2004 passed by Sri Sanjay Kumar ‘Sanjay’, Judicial Magistrate, First Class, Buxar, in Complaint Case No.126C of 2006, whereby he has taken cognizance against the petitioners under Sections 147, 323, 324 I.P.C. after having accepted the final form submitted by the police in Brahmpur(Chakki) P.S. Case No.51 of 2004. The learned counsel for the petitioners submitted that the learned Magistrate has not assigned reasons in taking cognizance against the petitioners under the aforesaid Sections. He has also submitted that the prosecution of the petitioners in the instant case is a malicious one since they had earlier filed a case which gave rise to Brahmpur(Chakki) P.S. Case No.50 of 2004, wherein cognizance has been taken and the instant case was by way of a counter blast. So far as the filing of the counter case is concerned, that is the defence of the petitioners which cannot be looked into at this stage in a proceeding under Sections 482 Cr.P.C. So far as the satisfaction of the learned Magistrate is concerned, in Chandradeo Versus Prakash Chandra(AIR 1963 SC 1430), the Apex Court has categorically held that since the object of - 2 - an inquiry under Section 202 is to ascertain whether the allegations made in the complaint are intrinsically true, the Magistrate acting under Section 203 has to satisfy himself that there is sufficient ground for proceeding. In order to come to this conclusion he is entitled to consider the evidence taken by him or recorded by him in the inquiry under Section 202 Cr.P.C. He is not entitled to rely upon any materials besides this. Where there is a prima facie evidence, even though an accused may have a defence that the offence is committed by some other person or persons, the matter has to be left to be decided by the appropriate forum at the appropriate stage and issue of process cannot be refused. In view of the categoric observations of the Hon’ble Apex Court, I find no merit in this application which is accordingly dismissed. P.S. (Abhijit Sinha,J)