BALESHWAR PANDEY, SANJAY PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the part of the order dated 17.08.2015 passed in connection with Mahila P.S. Case No. 7 of 2015 corresponding to G.R. No. 506 of 2015 by the learned Judicial Magistrate, Koderma by which cognizance has been taken for the offence under Section 3/4 of the Prevention of Witch (Daain) Practices Act, along with Section 498 A of the I.P.C. and also under Section 494 of the I.P.C.

(2.) A complaint case was lodged under Sections 323, 379, 504 and 498A and Section 3/4 of Prevention of Witch (Daain) Practices Act by the informant Sati Devi. The said complaint was registered as Complaint Case No. 283 of 2015, and in terms of section 156 (3) of the Cr. P.C., 1973 the same has been sent to Koderma (Mahila) Police Station for registering an F.I.R. for investigation. The police investigated the allegations after registering the same as Koderma Mahila P.S. Case No. 07 of 2015. After due investigation charge-sheet was submitted only for the offence under Sections 498 A, 494, 504, 120B of the I.P.C. and not under the provisions of the Prevention of Witch (Daain) Practices Act. While taking cognizance the Magistrate vide order dated 17.08.2015 has taken cognizance for offence under Section 498 A of the I.P.C. and also under Section 3/4 of Prevention of Witch (Daain) Practices Act against all and also under Section 494 I.P.C.

(3.) Learned counsel for the petitioner submits that there is nothing on record to take cognizance under the provisions of 3/4 of Prevention of Witch (Daain) Practices Act. He submits that the police after proper investigation did not find any offence committed under the said act and thus, the cognizance taken by the Magistrate under Section 3/4 of the Prevention of Witch (Daain) Practices Act is absolutely bad. He lastly submits that no reasons have been assigned as to why cognizance has been taken under the provisions of said Act and what are the materials present which warrants taking cognizance under Section 3/4 of Prevention of Witch (Daain) Practices Act. He refers to an order passed in Cr.M.P. No. 1261 of 2015 dated 25.08.2015 Imran Ansari v. State of Jharkhand.