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Showing contexts for: thackeray in Swaraj Thackeray vs State Of Jharkhand And Ors. on 15 May, 2008Matching Fragments
1. The prayer of the petitioner in this application is to quash the entire criminal proceedings and also the order dated 11.4.2007 taking cognizance of the offences under Sections 153-A, 153-B and 504 of the Indian Penal Code in Complaint Case No. C/1-382/2007 pending before the Court of Sri B.C. Awasthi, Judicial Magistrate, 1st Class, Jamshedpur.
2. The facts of the matter are that the O.P. No. 2 Sudhir Kumar, a lawyer of Civil Court, Jamshedpur and spokesman of a political party namely R.J.D., filed a compliant case before the Chief Judicial Magistrate, Jamshedpur against the petitioner Swaraj Thackeray @ Raj Thackeray making the following allegations:
3. The complaint case was registered and, thereafter, the complainant was examined on solemn affirmation and on his behalf statements of one witness was also recorded during enquiry under Section 202 Cr PC. The learned Magistrate on consideration of the allegations made in the complaint petition, the statements of the complainant on solemn affirmation and the statements of the witness made during enquiry under Section 202 Cr PC as well as the other materials on records including the newspaper cutting etc., held that prima-facie, the materials supplied by the complainant made out a case under Sections 153-A, 153-B and 504, IPC against the accused Swaraj Thackeray @ Raj Thackeray, and, thereby, he took cognizance of the offence alleged and ordered to issue process against him.
7. From the impugned order, I find that the learned Magistrate after considering the allegations made in the complaint petition and the materials adduced during enquiry under Section 202, Cr PC found prima-facie case made out for commission of the offence under Sections 153-A, 153-B and 504 of the Indian Penal Code against the petitioner Swaraj Thackeray @ Raj Thackeray and, thereafter, directed the complainant to file requisite for issuance of process. At the stage of taking cognizance a detailed order discussing the evidence in detail is not required to be passed by the Magistrate. The order taking cognizance but should show that the Magistrate has applied his mind before taking cognizance and from the impugned order it appears that the Magistrate after applying his mind has taken cognizance and, therefore, it cannot be said that the impugned order suffers from non-application of mind.