LAWS(PAT)-2017-8-26

SURENDRA SAH Vs. STATE OF BIHAR

Decided On August 28, 2017
Surendra Sah Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The petitioner, in the present case, is seeking quashing of the order dated 19.07.2013 passed by learned Chief Judicial Magistrate, Darbhanga in Keoti P.S. Case No. 136/2011 / G.R. No. 2935/2011, by which cognizance has been taken under Section 420 IPC and summons has been issued against the petitioner.

(3.) Learned counsel for the petitioner submits that after lodging of the First Information Report as contained in Annexure-1 to the present application, police conducted investigation and, based on the statements of the witnesses and the supervision note of the Patna High Court Cr.Misc. No.36255 of 2014 dt.28-08-2017 Dy.S.P., submitted final form finding that the occurrence, as alleged, is not proved. Learned counsel further submits that although police submitted the final form (Annexure-2 to the present application), the learned Chief Judicial Magistrate differed with the police report as, according to him, there are statements / materials in Paragraphs 6 and 7 of the case diary which are sufficient to take a prima facie view that the offence, as alleged, has been committed and there are sufficient materials to proceed against the accused. Learned counsel submits that as per her own statement in the F.I.R. the informant says that her husband was a mad man and, therefore, the statement of her husband recorded in the case diary should not have been relied upon by the learned Chief Judicial Magistrate. He would, therefore, submit that there is no eye witness to the occurrence, as alleged, and the order taking cognizance is fit to be quashed.