JAIMALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who happens to be the informant of the case but against whom a charge -sheet has been submitted and cognizance has been taken for commission of offences under Sections 302 and 201 I.P.C. has, through this application prayed for the quashing of the order taking cognizance dated 12.11.2007 passed in Amarpur P.S. Case No. 157 of 2005 by the learned Chief Judicial Magistrate, Banka. The only point agitated by the Learned Counsel for the petitioner is that although there is no iota of evidence against the petitioner in the case diary or any other material against her in the case records, yet charge -sheet has been submitted against her and another only on the basis of Report -Ill of the Superintendent of Police even as the F.I.R. named accused have been left scot free and the impugned order clearly discloses that cognizance was being taken on the basis of the said report. It was also submitted that submission of the charge -sheet relying on supervision note without any further investigation and without any fresh evidence was patently illegal and cognizance taken on the basis thereof was without jurisdiction.

(2.) THERE appears sufficient force in the submissions advanced by the Learned Counsel for the petitioner. this Court in the case of Manilal Keshri vs. State of Bihar reported in : 2006 (4) PLJR 32 had held that the supervision note is only a confidential official document exchanged amongst the officials as information/recommendation and not being a part of the investigation cannot be relied upon. In the instant case the charge -sheet from the tenor of the impugned order appears to be wholly based upon Report 3 of the Superintendent of Police and the Court appears to have fully relied upon Report 3 for taking cognizance. In the face of the infirmity the impugned order cannot be sustained in law and is accordingly set aside. The application is allowed and is remitted back to the learned Chief Judicial Magistrate, Banka, for fresh consideration and passing of orders in accordance with law.