Code of Criminal Procedure, 1973–Sec. 190(1)(b)–FR submitted by police–Cognizance–Justification–Witnesses were called without being protest petition–Held, not justified–Further the revisional Court observed that the procedure adopted by the magistrate was illegal, however, instead of remanding the case for fresh consideration, he examined the statements of witness and upheld the order of cognizance–Held, both the impugned order are liable to be set aside–Matter remanded back to Magistrate for fresh consideration.
