Patna High CourtCR. MISC./19120/2019allowed

Deepak Kumar @ Deepak Patel v. The State Of Bihar

2023-08-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19120 of 2019 Arising Out of PS. Case No.-471 Year-2017 Thana- GOGRI District- Khagaria ====================================================== DEEPAK KUMAR @ DEEPAK PATEL S/o Anil Patel R/o Village- Chak Gogari, P.S.-Gogari, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Pramod Poddar S/o Suresh Poddar R/o Gogri, PS Gogri, District-Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. None has appeared for opposite party no. 2 despite valid service of notice.

3. This application is filed for quashing the order dated 03.02.2018 passed in Gogari P.S. Case No. 471/2017, G.R. No. 3196/2017 by the Chief Judicial Magistrate, Khagaria whereby and where under Court below took cognizance against petitioner for offence under section 341, 323, 354 of the Indian Penal Code.

4. As per the prosecution story, the petitioner is said to have molested the informant's daughter while she was returning home from her school.

Patna High Court CR. MISC. No.19120 of 2019(3) dt.22-08-2023 2/2

5. The police has exonerated the petitioner finding the case to be false. The Magistrate has differed with the final form and has taken cognizance without mentioning the grounds for taking cognizance.

6. The Magistrate has mentioned the initial paragraphs but has not considered the subsequent materials which have come during investigation.

7. The impugned order is a cryptic and non reasoned order and no order in the eye of law and the same is also in teeth of the law laid down by the Supreme Court in the case of Pepsi Foods ltd. And Another Vs. Special Judicial Magistrate and Ors. (1998) 5 SCC 749.

8. In view of the above, this application is allowed. Accordingly, the order dated 03.02.2018 passed in Gogari P.S. Case No. 471/2017, G.R. No. 3196/2017 by the Chief Judicial Magistrate, Khagaria is hereby quashed.

(Sandeep Kumar, J) Sunnykr/- U T