SURYA MOHAN SAH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. This petition has been filed for quashing of the order dated 12.7.2012 passed in Pathargama P.S. Case No. 52 of 2012 [G.R. No. 459 of 2012] whereby and whereunder cognizance of the offence punishable under Sections 409/467/468/471/420/120 -B of the Indian Penal Code has been taken against the petitioner.

(2.) LEARNED counsel appearing for the petitioner submits that a case was lodged alleging therein that wrong entry was made in the measurement book by the then Junior Engineer on the basis of which payments were made. Allegation was also there that there may be connivance on the part of this petitioner who at the relevant point of time was posted as Panchayat Sewak, but during investigation the Police did not find any culpability on the part of this petitioner though the culpability was found on the part of the Junior Engineer and, therefore, when the charge -sheet was submitted against the Junior Engineer, the petitioner was not sent up for trial. In spite of that, the court without assigning any reason took cognizance of the offence against the petitioner 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 188] : [2012(1) JLJR (SC)344]" and also in view of the decision rendered in a case of "M/s. GHCL Employees Stock Option Trust v. M/s. India Infoline Limited, [ : 2013(2) East. Crl. Cases 326(SC)]", whereby 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.

(3.) IN that event, the impugned order dated 12.7.2012 is hereby, set aside and the matter is remanded back to the Court concerned for passing a fresh order in accordance with law. In the result, this petition stands disposed of.