GIRIJESH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ram Sumiran Rai, learned Addl. Public Prosecutor. The petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 27.9.2011 passed in Ghosi P.S. Case No. 49 of 2000 (T.R. No. 1991 of 2012). By the said order, the learned Chief Judicial Magistrate, Jehanabad after rejecting the final report (mistake of fact) took cognizance of the offence under Section 7 of the E.C. Act.

(2.) Learned counsel for the petitioner submits that after inspection/verification, the case was instituted under Section 7 of the E.C. Act and the petitioner was named as accused in the F.I.R. During investigation, no material has been collected by the Investigating Officer and, as such, final report was submitted exonerating the petitioner. However, learned Chief Judicial Magistrate, even though final report was submitted, has passed order of cognizance.

(3.) It has been argued that while passing order of cognizance, the learned Magistrate has not recorded any reason for differing with the police report or rejected the police report.