Md Imtiyaz Ansari @ Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19353 of 2023 Arising Out of PS. Case No.-157 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Md Imtiyaz Ansari @ Md. Imtiyaz Son Of Late Ramjan Mian @ Late Ramjan Ansari Resident Of Village - Tumba Pahar, P.S. -JHAJHA, Distt. - Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Shamsher Alam Son Of Late Gulam Rasul Resident Of Village - Tumba Pahar, P.S. -JHAJHA, Distt. - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. This application has been filed on behalf of the petitioner for quashing the order dated 01.03.2023 passed by learned Sessions Judge, Jamui in Criminal Revision No. 121 of 2022.

3. As per the prosecution case a quarrel has occurred during cricket match between one Md. Guran and Md. Jabir Ansari and when the informant has gone to ask about the same, the petitioner and his family members had first abused the informant and after that they assaulted the informant with sword.

Patna High Court CR. MISC. No.19353 of 2023(3) dt.01-08-2023 2/3

4. Learned counsel for the petitioner has submitted that the petitioner has been exonerated by the investigating agency but the cognizance has been taken by the learned Magistrate by order dated 04.02.2022.

5. It has further been submitted by the learned counsel for the petitioner that the impugned order is a cryptic and nonspeaking order and such type of order is no order in the eye of law and therefore it cannot be sustained.

6. Learned counsel for the petitioner further relies on the law laid by the Hon'ble Supreme Court in the case of Pepsi Food Ltd Vs. Special Judicial Magistrate reported in (1998) 5 SCC 749.

7. Learned APP for the State has supported the impugned order.

8. Learned counsel for O.P. No. 02 Mr. Satya Prakash Parashar has vehemently oppsed the application of the petitoner and has submitted that the impugned order is a reasoned order and materials against the petitioner have been relied upon by the learned Magistrate while taking cognizance.

9. He further submits that the revisional Court has also applied its mind and has given a finding that prima facie case has been found and therefore cognizance has been taken

Patna High Court CR. MISC. No.19353 of 2023(3) dt.01-08-2023 3/3 against the petitioner and the impugned order may not be interfered.

10. I have heard the submission of the parties.

11. From perusal of the record it appears that final form was submitted and the Magistrate has taken cognizance differing with the final form by quoting certain paragraphs but he has not discussed the materials in these paragraphs as the police has exonerated the petitioner relying upon the same.

12. Considering the aforesaid facts and also considering the law laid down by the Hon'ble Supreme Court in the case of Pepsi Food Ltd Vs. Special Judicial Magistrate reported in (1998) 5 SCC 749, this application is allowed.

13. Accordingly, the order dated 01.03.2023 passed by learned Sessions Judge, Jamui in Criminal Revision No. 121 of 2022 is hereby quahed.

(Sandeep Kumar, J) Vikas/- U T