BIRU MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State as well as learned counsel appearing for the informant. This application has been filed for quashing of the order dated 23.7.2006 passed in Chandankiyari (Barmasia) P.S. Case No. 79 of 2003 (G.R. No. 693 of 2003) whereby and whereunder cognizance of the offences punishable under Sections 147, 148, 149, 432, 436, 452, 307, 506 of the Indian Penal Code has been taken against all the accused persons on the basis of materials available on the record differing with the finding given by the Investigation Officer.

(2.) Being aggrieved with that order, this application has been filed.

(3.) Mr. Sahani, learned counsel appearing for the petitioner submits that admittedly no culpability was found by the Investigating Officer against any of the accused persons and thereby none of the petitioner was sent up for trial, still the court took cognizance of the offence simply by stating that prima facie case is made out without assigning any reason and thereby the court did commit illegality in view of the decision rendered in a case of Nupur Talwar v. Central Bureau of Investigation, 2012 2 SCC 188and also in view of the decision rendered in a case of M/s. GHEL Employees Stock Option Trust v. India Infoline Limited, 2013 2 ECC 326whereby the Hon'ble Supreme Court has been pleased to observe that the court, in such situation, requires to pass order by assigning reason but since no reason has been assigned for holding that prima facie materials are there, order impugned is fit to be set aside.