ANKUR KUAMR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order taking cognizance dtd. 10/6/2021 and entire criminal proceeding in connection with Chainpur P.S.Case No.09/2016, corresponding to G.R.Case No.145/2016 for the offences alleged under Sec. 302, 201, 120(B) of the IPC, pending in the court of learned SDJM, Palamau.

(2.) The learned counsel for the petitioner submits that pursuant to supplementary charge sheet the petitioner's name has been disclosed and no charge sheet has been submitted against two persons. He submits that the learned court by order dtd. 10/6/2021 observed that cognizance has already been taken on 13/3/2019 and the same cognizance order is applicable to the above mentioned accused. He submits that second cognizance order is bad in law.

(3.) It is settled that if the further investigation has been done would lead to the filing of a supplementary report. Such supplementary report shall be dealt with as part of the primary report. This is clear from the fact that the provisions of Ss. 173(3) to 173(6) would be applicable to such reports in terms of Sec. 173(8) of the Code.