SHASHI BHUSHAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER Shashi Bhushan Singh has prayed for invoking inherent powers of this Court for quashing the order dated 17.7.2006 passed by the Additional Chief Judicial Magistrate, Hazaribagh in G -(Complaint) Case No. 78 of 2006 whereby the learned Court below has taken cognizance of the offence under Sec. 174, CrPC.

(2.) LEARNED Counsel for the petitioner submits that the order passed by the learned Court below is totally devoid of substance, since Sec. 174, Cr PC does not constitute any offence either cognizable or non -cognizable and yet, the petitioner has been sought to be prosecuted for the offence which is not existing in law.

(3.) FROM perusal of the impugned order dated 17.7.2006 passed by the learned Additional Chief Judicial Magistrate, it appears that by a detailed order, the learned Magistrate has taken cognizance for the offence purportedly under Sec. 174, CrPC. Referring to the Sec. 174, CrPC. it does not relate to any offence whatsoever. It is apparent that the learned Chief Judicial Magistrate had passed the impugned order without application of judicial mind and in most mechanical manner.