KALI CHARAN SINGHANIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 8.2.2006 passed by learned Chief Judicial Magistrate, Jamshedpur in Sakchi P.S. Case No. 265 of 2005 corresponding to G.R. Case No. 2481 of 2005, whereby he took cognizance against petitioner; under Section 414 of the Indian Penal Code.

(2.) It is submitted by Sri R.S.P. Sinha, learned counsel for the petitioner that from perusal of first information report and charge-sheet it will manifest that there is no legal evidence for taking cognizance under Section 414 of the Indian Penal Code. It is submitted that petitioner made accused in this case on the basis of confessional statement of co-accused Suresh Agrawal, from whose possession, 14 packets of alleged Kalas Zarda recovered. It is then submitted that apart from confessional statement of Suresh Agrawal made before police, other materials against petitioner is his own confessional statement, made before police. It is submitted that both the confessional statements are not admissible in evidence in view of Section 25 of the Evidence Act. It is submitted that admittedly alleged 14 packets of Kalas Zarda recovered from the possession of Suresh Agrawal and said Suresh Agarwal has been discharged by the learned court below, but cognizance under Section 414 of the Indian Penal Code was take against petitioner, though nothing recovered from his possession. Accordingly,.it is submitted that impugned order cannot be sustained.

(3.) Sri P.K. Sahay, learned Additional PP and Sri Nagmani Tiwari, learned counsel for the opposite party no.-2 has not disputed aforesaid factual position after going through the first information report and charge-sheet.