AJMERUN KHATOON Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Sudhansu Kumar Deo, learned APP for the State.

(2.) In this application, the petitioner has prayed for quashing the order dated 12.8.2009 passed by learned Judicial Magistrate, Lohardaga in connection with G.R. No. 28 of 2015 (Bhandra P.S. Case No. 94 of 2015), whereby and where under, cognisance has been for the offence punishable u/s 306 of the Indian Penal Code (I.P.C.).

(3.) Mr. Rajesh Kumar, learned counsel for the petitioner submits that although the F.I.R. was instituted against four accused persons including the petitioner, but in course of investigation the police, having found the case not true against the petitioner, has submitted final form. It has been further submitted that the learned Judicial Magistrate, Lohardaga, disagreeing with the final form submitted by the I.O., has found a prima facie case against the petitioner and taken cognisance for the offence punishable u/s 306 of the Indian Penal Code (I.P.C.) vide order 12.8.2009. Learned counsel further submits that sufficient reasons have not been assigned by the learned Judicial Magistrate with respect to disagreement with the finding of the I.O. and in this case context he has relied upon a judgment of the Supreme Court in the case of Nupur Talwar Vs. Central Bureau of Investigation reported in (2012) 2 SCC 188.