MD.SARFARAZ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed on behalf of the petitioners, namely, Md. Sarfaraz Alam and Shahbaz Alam for quashing the order of cognizance dated 17.10.2006 passed in Laheri P.S. Case No. 84 of 2003/G.R. No. 1626 of 2003 by the learned Chief Judicial Magistrate, Nalanda at Biharsharif, whereby he has taken cognizance of the offence under sections 420, 419, 468, 471, 379/34 of the Indian Penal Code against the petitioners.

(2.) IT has been submitted by the learned Advocate of the petitioners that after investigation of the case the police had submitted final report against the petitioners and, as such, there was no reasonable ground for the lower court to differ with the final report and, therefore, the impugned order of taking cognizance is bad in law. From perusal of the impugned order it appears that the I.O. after investigation had found both the petitioners innocent and against them the I.O. submitted final report. It further transpires that while passing the impugned order the learned Chief Judicial Magistrate did not mention sufficient reason to differ with the findings of the Investigating Officer.

(3.) IN such view of the matter, I am of the opinion that the impugned order by which cognizance has been taken against the petitioners, against whom the I.O. has not submitted charge -sheet, is bad in law.