Jharkhand High Court
Chetlal Rana @ Chandra Shekhar Rana & ... vs State Of Jharkhand & Anr. on 19 March, 2012
Author: R.R. Prasad
Bench: R.R. Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.49 of 2007
1. Chetlal Rana @ Chandra Shekhar Rana
2. Laldhari Rana
3. Pushkar Agarwal ... Petitioners
Versus
The State of Jharkhand & Anr. ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioners : Mr.
For the State : APP
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05/19.03.2012. Nobody appeared on behalf of the petitioners.
However, heard learned counsel appearing for the State. This application has been filed for quashing of the order dated 04.10.2006 passed by the then Judicial Magistrate, Hazaribagh in G.R. No.1050 of 2006 (arising out of the Sadar P.S. Case No.209 of 2006) whereby and whereunder, the cognizance of the offences punishable under Sections 366, 376G, 379 of the Indian Penal Code has been taken against the petitioners.
It does appear that a complaint was lodged by the prosecutrix alleging therein that having got down from a Bus, while was proceeding to her native village, she, in the way, was accosted by the accused persons and under the threat of life she was forcibly taken in a Maruti Van to Mission Ground Field where she was raped and then the accused persons also took away Rs.12,00/-. After committing offence, the accused persons fled away. Upon such allegation, the Complaint Case No.188 of 2006 was registered, which was sent by the learned Chief Judicial Magistrate, under Section 156 (3) Cr.P.C. for its institution.
The I.O. after investigating the case, submitted final form, exonerating the petitioners from the accusation. Still the court below, upon the material collected during investigation, took cognizance of the offences punishable under Section 366/376G/379 of the Indian Penal Code against the accused persons and, therefore, the order taking cognizance is bad, in view of the decision rendered in the case of Kishori Singh and others Vs. State of Bihar and others {2000 (3) East Cr. C 816 (SC)} holding therein that in sessions triable cases if the charge-sheet is not submitted against the persons, Magistrate does not have power to summon them, rather for summoning, recourse can be taken to the provisions as enshrined under Section 319 Cr.P.C.
Accordingly, the order dated 04.10.2006 passed by the then Judicial Magistrate, Hazaribagh in G.R. No.1050 of 2006 (arising out of the Sadar P.S. Case No.209 of 2006) whereby and whereunder, the cognizance of the offences punishable under Sections 366, 376G.379 of the Indian Penal Code has been taken against the petitioners is, hereby, quashed.
In the result, this application is allowed.
(R.R. Prasad, J.) Ravi/