PANKAJ SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner and learned A.P.P. for the State are present but no one appears on behalf of the Opposite Party No.2 despite service of notice.

(2.) The instant criminal miscellaneous petition has been directed on behalf of the petitioner to quash the entire criminal proceeding arising out of Nirsa P.S. Case No.167 of 2016, corresponding to G.R. Case No.2124 of 2016 registered for the offence alleged under Ss. 354(D), 504 and 506 of the Indian Penal Code including order taking cognizance dtd. 2/8/2016 passed by the learned Judicial Magistrate 1st Class, Dhanbad, whereby the cognizance has been taken under Ss. 354(D), 504, 506, 34 of the Indian Penal Code.

(3.) Learned counsel for the petitioner has submitted that the learned trial court while taking cognizance against the petitioner has not applied the judicial mind. The order is not in detail to show how the alleged offence is made out against the petitioner. In F.I.R., the role of all the accused persons has also not been assigned. In view of the above contended to allow this petition and to set aside the cognizance order and entire criminal proceeding of the case.