JAGAT SHANKAR PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan , learned APP for the State.

(2.) The petitioner has preferred the application under Sec. 482 Cr.P.C. for quashing of the order dtd. 29/11/2017 passed in connection with Complaint Case No.795(C) of 2016 by the learned Additional Chief Judicial Magistrate, Danapur, Patna whereby cognizance of offence has been taken under Ss. 323, 341, 504, 354A of the Indian Penal Code against the petitioner.

(3.) Learned counsel appearing on behalf of petitioner submitted that Complaint Case No.795(C) of 2016 was filed making petitioner as accused under Ss. 323, 341, 504, 354A of the Indian Penal Code and cognizance of the offence was taken on 29/11/2017. The petitioner was produced before the Court after having summon served on 24/10/2017 and in most mechanical manner without following the procedure prescribed under Sec. 244 of the Cr.P.C. The Magistrate proceeded to continue with the trial for the offence under the above Ss. . Learned counsel submitted that the Sec. 244 of the Cr.P.C. prescribes for fixing date and giving opportunity to the petitioner before framing of the charge and automatically framing charge is deprecated. Learned counsel submitted that though there is procedural lapses but the same has affected the vital right of the petitioner as prescribed under the Code of Criminal Procedure. On these grounds, the learned counsel seeks interference with the order dtd. 29/11/2017.