ARBIND KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing of the entire criminal proceeding against the petitioners being C.P. Case No. 1103/2007 including the order dated 07.07.2008 passed by the learned Judicial Magistrate, 1st Class, Dhanbad taking cognizance against the petitioners under Section 323/342 I.P.C.

(3.) Learned counsel for the petitioners submitted that the complainant-respondent as well as his witness Md. Mustkim, both have criminal antecedent and are accused in criminal cases which are being investigated by the petitioner No. 1 because he is a Sub-Inspector in the Railway Protection Force. It is submitted that without any reason, only with an ill motive and enmity, a complaint case has been filed but it will appear from the allegation levelled in the complaint itself that in fact no criminal case is made out from the facts mentioned in the complaint and if any inference of criminality may be drawn from the facts stated in the complaint, then that has been wiped out by the statement of the complainant himself who even did not state on oath before the court what he alleged in the complaint, therefore, the trial court appears to have taken cognizance of the offence without application of mind as well as the order of taking cognizance is a non-speaking order which is apparent from the impugned order itself.