IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39697 of 2010 SHASHI KUMAR @ MUNNA @ SHASHI SHEKHAR Versus THE STATE OF BIHAR & ANR ----------- 2. 01.12.2010. Heard. The simple point which was raised before me was as to whether the cognizance of offences under Section 420 and 463 of the IPC has been taken by a Magistrate of the 2nd Class, i.e., Sri Amit Kumar Singh who was posted in Munger and who after passing the summoning order sent back the record for trial before the Chief Judicial Magistrate as he lacked jurisdiction to try those offences, was legal and proper. If one considers the provisions of Section 200, one may find that the cognizance is taken by the Magistrate who is empowered in this behalf as soon as he calls upon the complainant to come into the dock for recording his statement on solemn affirmation. The very words “the Magistrate taking cognizance shall examine the complainant on solemn affirmation” are so clear as to leave any doubt about that. The court is happy that one of the Magistrates, namely, Sri Amit Kumar Singh, Judicial 2 Magistrate, Ist Class, Munger while passing the order noted this aspect of the matter and had dismissed the contention of the petitioner as regards the proceedings being vitiated on account of the enquiry being held by the Magistrate of a Second Class. The order passed by Sri A.K.Mishra passed on 21.6.2010 in Complaint Case No.777C of 2003 does not appear suffering from any illegality. The petition is dismissed. B.Kr. ( Dharnidhar Jha,J.)