BALESHWAR PASWAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant application has been filed by the petitioner, Baleshwar Paswan for quashing the impugned order of cognizance dated 24.10.2002, and the entire criminal proceedings initiated, pursuant to the aforesaid order of cognizance vide G.R. Case No. 1022 of 1996, corresponding to Bokaro (Chas) P.S. Case No. 187 of 1996 for the offences under Sections 406, 409, 467, 468, 471 and 120B of the Indian Penal Code, presently pending in the court of the learned Chief Judicial Magistrate, Bokaro.

(2.) THE impugned order of cognizance and continuation of the proceedings against him has been challenged by the petitioner on the ground that the order was passed without application of judicial mind and continuation of the proceedings against him is an abuse of the process of the court.

(3.) THE case was investigated by the Police, who eventually submitted chargesheet on 25.02.1997 against the proprietor and representative of M/s. Shaw Cement Agency, namely, Pradeep Shaw and Manoj Shaw, though the investigation against the other co -accused persons had continued. A supplementary chargesheet was filed on 31.03.2001 by the Police against three more persons, including the present petitioner, though he was the informant of the case and on the basis of the chargesheet, the learned Chief Judicial Magistrate, Bokaro proceeded to take cognizance for the offences under Sections 406, 409, 468, 471 and 120B of the Indian Penal Code against the petitioners and the other co -accused persons.