DR. DHIRAJ SINHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure, 1973, for quashing of the Order dated 28.7.2013, passed by the learned Judicial Magistrate, Ranchi, in connection with G.R. No.2758 of 2013, arising out of Bariyatu (G) P.S.Case No.170 of 2013, whereby the learned court below has accepted the Final Report without service of notice and without giving opportunity of hearing to the petitioner at the time of consideration of the report and has straight-way accepted the report.

(2.) Learned counsel for the petitioner, by referring the order dated 30.5.2013, 19.6.2013 and 28.7.2013, pointed out that the learned court below vide its order dated 19.6.2013, received the Final Form along with the case diary, and thereafter, passed the order for issuance of notice to the informant of the case and the matter was kept on 26.7.2013 for awaiting the service report, but, thereafter, no further order was passed on 26.7.2013 and straight way order was passed without awaiting for the service report. According to the learned counsel for the petitioner, the requirement under the General Law has not been followed in the instant case. It is also submitted that the learned court below has accepted the Final Form without going through the service report of the notice to the petitioner-informant for appearing in a serious offence punishable under Sec. 504, 506 and 379 of the I.P.C. Learned counsel for the petitioner has also submitted that the Officer-in-charge of the Police Station who conducted the investigation was obliged under Sub Sec. 2(ii) of Sec. 173 to communicate the action taken by him to the informant and the report forwarded by him to the Magistrate under Sub Sec. 2(ii) of Sec. 173, but no such communication was ever made to the informant. According to the learned counsel for the petitioner, the Final Form was accepted by the learned court below without giving any opportunity of hearing to the petitioner. In this context, the learned counsel for the petitioner has referred to and relied upon the decisions given in case of Bhagwant Singh Vs. Commissioner of Police, reported in, (1985) 2 Supreme Court Cases 537 and another decision given in the case of Minu Kumari Vs. State of Bihar, reported in, (2006) 4 Supreme Court Cases 359.

(3.) Learned A.P.P appearing on behalf of the State has tried to justify the order passed by the learned court below and has submitted that there is no irregularity committed by the learned court below while passing the impugned order, and therefore, the present petition may be dismissed.