RANI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the order taking cognizance dtd. 22/10/2020 under Ss. 341, 342, 504, 506/34 of the Indian Penal Code, Ss. 3, 4 of Prevention of Witch Craft Act in connection with Gumla P.S. Case No.238 of 2020 corresponding to G.R. No.719 of 2020 pending in the Court of learned Chief Judicial Magistrate, Gumla.

(2.) The order has been impugned on the ground that petitioner no.1 was not named in the F.I.R. and after investigation, only Rani Kumari was sent up for trial and charge sheet has been submitted against petitioner nos.2 and 3. Learned Court below while differing with the findings of the investigating agency, has taken cognizance against all these three petitioners without assigning any specific reason.

(3.) The impugned order has been challenged on the ground that petitioner no.1 is neither named in the F.I.R. nor has been named in the re-statement of the informant and witnesses in para 2, 3 and 4 of the case diary. Despite there being no material against the petitioner no.1, charge sheet has been submitted and cognizance has been taken against her without application of judicial mind.