NARENDRA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Learned counsel for the applicants is permitted to correct the prayer clause during the course of the day.

(2.) Heard learned counsel for the applicants, learned AGA for the State and perused the record.

(3.) It is evident from the charge sheet (annexure-2) that after investigation in Case Crime No.541 of 2019, under Ss. 147, 323, 506 IPC, Police Station Ghatampur, District Kanpur Dehat, the investigating officer submitted a charge sheet only under Ss. 323 and 506 IPC but while taking cognizance on 8/2/2021 the Magistrate has taken cognizance under Sec. 147 IPC also without any basis. The Magistrate is duty bound to apply judicial mind at the time of taking cognizance but in the impugned order no reason has been assigned by the Magistrate that on which basis he has taken cognizance under Sec. 147 IPC also. The Magistrate has not applied his mind at the time of taking cognizance.