Patna High Court - Orders
Rajeshwar Singh @ Rajo Singh vs The State Of Bihar on 3 January, 2013
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50730 of 2012
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Rajeshwar Singh @ Rajo Singh son of late Dashrath Singh, Resident of
village Siswan, P.S. Nagar ( Nawada) Dist. Nawada.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate.
For the Opposite Party/s : Mr. Madan Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
2 03-01-2013Heard learned counsel for the petitioner and the State.
Petitioner along with 05 others was made accuseds in a case instituted under Sections 302/34 of the Penal Code vide Nagar P.S. Case No. 206/2011. F.I.R. has been enclosed as Annexure-1. From perusal whereof, it appears that specific allegations have been levelled against the petitioner. On conclusion of investigation, the petitioner was not sent up. Learned Chief Judicial Magistrate took cognizance of the office vide order dated 20.08.2011. It was stated therein that the petitioner having not been sent up is being discharged. Aggrieved by the aforesaid order, the informant filed a revision application before the learned Sessions vide Cr. Rev. No. 45 of 2011 which was disposed of and the said order was set aside and the Court below was directed to peruse the material(s) in the case diary and Patna High Court Cr.Misc. No.50730 of 2012 (2) dt.03-01-2 2/3013 to take cognizance against the petitioner as well. Aggrieved thereby the petitioner filed Cr. Misc. application before this Court vide Cr. Misc. No. 38825 of 2011. This Court, by order dated 16.01.2012 (Annexure-4), directed the learned CJM to take cognizance against the petitioner also on the basis of materials in the case diary in paragraph nos. 10,11,27,28,35,36,37,40, 48 and
57. In the light of the said order the learned Magistrate passed the order dated 01.03.2012 wherefrom it appears that prior thereto on 17.12.2011 itself the cognizance against the petitioner was also taken by the said Court on perusal of the materials available in the case diary. Those two orders dated 17.12.2011 and 01.03.12 passed by the CJM in Nagar P.S. case no. 206 of 2011 have been assailed in this proceeding.
There is no dispute that cognizance is taken of the offence. The Magistrate is not bound by the opinion formed by the investigating agency. Petitioner is named in the FIR and there is some material in the case diary to support the allegation. At the stage of taking cognizance the Magistrate has only to verify whether there is sufficient materials in the case diary to proceed against the accused persons.
Learned counsel made diverse submissions to assail the aforesaid order. He submits that the petitioner has been named Patna High Court Cr.Misc. No.50730 of 2012 (2) dt.03-01-2 3/3013 with malicious intention. He is fairly aged person having superannuated from service in the year 1994. It is also contended that the allegation against the petitioner is that of order giver which in itself is a weak allegation.
Be that as it may, at the stage of taking cognizance those facts are not required to be taken into account. This Court, therefore, does not find any patent illegality and/or jurisdictional error in the order(s) passed by the learned CJM. While declining the relief prayed for in the application this Court would grant the petitioner liberty to file appropriate application seeking discharge in accordance with law. In the event of filing of such application the same shall be considered and disposed of in accordance with law.
The application is dismissed with the aforesaid liberty.
(Kishore Kumar Mandal, J) Shyam/-