Vishal Kumar Singh vs The State Of Jharkhand on 21 November, 2016

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Jharkhand High Court

Vishal Kumar Singh vs The State Of Jharkhand on 21 November, 2016

Bench: Ananda Sen

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr.M.P. No. 2613 of 2015
Vishal Kumar Singh, son of late Niranjan Singh, resident of Flat
No. 303 (3rd Floor), Shristi Apartment Emaly Kothi, P.P.
Hurhuru, P.S.-Sadar, District-Hazaribagh (Jharkhand)
                                               ... ... Petitioner
                       Versus
The State of Jharkhand                 ... ... Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
                       ---------
For the Petitioner     : Mr. Sunil Kumar, Advocate
For the State          : A.P.P
05/Dated: 21st November, 2016
      Heard    Mr.   Sunil   Kumar,   learned   counsel   for   the
petitioner, and Mr. Priyadarshi, learned A.P.P for the State.
      The petitioner has prayed for quashing of the order dated
02.09.2015

passed by the learned Chief Judicial Magistrate, Hazaribagh, in connection with Hazaribagh (Sadar), P.S. Case No. 610 of 2015, corresponding to G.R. No. 2325 of 2015 by which he has taken cognizance for offence under Sections 341, 323, 326, 353, 307, 302, 120B and 34 of the Indian Penal Code, under Sections 25(1-A), 25 (1-AA), 26, 27 & 35 of the Arms Act and under Sections 3,4,5 of the Explosive Substance Act.

Learned counsel for the petitioner has challenged the order taking cognizance, on the ground that he has not been named in the F.I.R. and their is no material against him in the case diary and inspite of that, cognizance has been taken against him. He further submits that the Court below could not have taken cognizance in this case.

After going through the records, I find that the F.I.R. was lodged for offence under Sections 341, 323, 326, 353, 307, 302, 120B and 34 of the Indian Penal Code, under Sections 25(1-A), 25 (1-AA), 26, 27 & 35 of the Arms Act and under Sections 3,4,5 of the Explosive Substance Act against unknown. The police investigated the matter and filed charge-sheet against this accused person. The petitioner has approached the Court and he has been released on bail on 02.09.2015. The court below after going through the relevant documents like charge-sheet -2- and case diary has taken cognizance for offence 341, 323, 326, 353, 307, 302, 120B and 34 of the Indian Penal Code, under Sections 25(1-A), 25 (1-AA), 26, 27 & 35 of the Arms Act and under Sections 3,4,5 of the Explosive Substance Act.

I have gone through the F.I.R. and also the charge-sheet and it is evident that offence has been committed. Since the offence has been committed and after investigating the case the charge-sheet has been filed by the investigating officer and the Court after going through the records had taken cognizance of the offence, thus I find no illegality in the impugned order.

This Criminal Miscellaneous Application is thus dismissed.

(Ananda Sen, J.) Amar

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Jharkhand High Court