Mahendra Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25839 of 2015 Arising Out of PS. Case No.-81 Year-2014 Thana- BAHERA District- Darbhanga ====================================================== 1.
Mahendra Sah Son of Late Janak Sah 2.
Mira Devi W/o Mahendra Sah 3.
Naresh Sah, Son of Mahendra Sah, 4.
Ram Babu Sah, Son of Late Radhey Sah, 5.
Kewal Sah, Son Chaturbhuj Sah, 6.
Ganesh Sah 7.
Mahesh Sah Both sons of Shankar Sah 8.
Babita Devi @ Rekha Devi W/o Ganesh Sah 9.
Sangeeta Devi @ Savita Devi W/o Mahesh Sah 10.
Ashok Sah S/o Badri Sah All are resident of village- Kapileshwar Asthan, P.S. Radhika, DistrictMadhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners have challenged, in this application, under Section 482 Cr.P.C., the order of cognizance dated 18.03.2015 passed by Additional Chief Judicial Magistrate, Benipur, in Bahera P.S. Case No.81 of 2014, corresponding to G.R. NO.85 of 2014.
Patna High Court CR. MISC. No.25839 of 2015 dt.17-07-2019 2/3
3. It appears that after investigation of the case police had not sent up the petitioners for trial. However, the learned Court-below differed with the police report and took cognizance. The impugned order reads as follows: "I.O. of the case has submitted final form and case-diary under Sections 147,/148,341,323, 380 and 504 of the Indian Penal Code against shortage of witness.
Perused the FIR, final form and case-diary.
Accordingly, cognizance is taken for the offences according to FIR, namely, Mahendra Sah and nine others FIR accused persons. The same is kept in personal file for trial and disposal according to law fixing 25.04.2015.
Office issue summons to accused persons for their appearance."
4. The perusal of the impugned order apparently reveals non-application of judicial mind. Once the Court-below decide to differ with the police report not sending up the petitioners for trial it was bound to discuss the material, which came against the petitioners, during the course of investigation. The impugned order does not reveal that as to what material were there against the petitioners to disagree with the police
Patna High Court CR. MISC. No.25839 of 2015 dt.17-07-2019 3/3 report. Hence, the impugned order is not sustainable in law. Accordingly, the same is set aside and the matter is remitted back to the Court-below to pass order according to law within fifteen days from the date of receipt of a copy of this order.
5. Accordingly, the application stands allowed. (Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2019 Transmission Date 19.07.2019