RAGHWENDRA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the order dated 18.09.2014 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in connection with G.R. No.256 of 2014 arising out of Dhanbad P.S. Case No.63 of 2014 dated 17.01.2014 whereby the learned court below has framed charge against the petitioner under Section 406 of the Indian Penal Code. The petitioner has also challenged the order dated 18.09.2014 passed by the learned court below whereby the learned court below has rejected the discharge petition dated 05.08.2014 filed on behalf of the petitioner.

(2.) Mr. Shishir Suman, the learned counsel for the petitioner submits that no case is made out against the petitioner and his petition for discharge has been rejected without appreciation of record. He has further submitted that the learned court below has erred in law in disposing his discharge petition and by framing the charge on the same day.

(3.) The learned APP appears on behalf of the State and submits that from the impugned order it is clear that in the present case, the investigating officer has submitted charge-sheet after due investigation against the accused person under Section 406 of the Indian Penal Code and the learned Judicial Magistrate 1st Class, Dhanbad after going through the material and evidences available in the FIR, charge-sheet and case diary, which are available on record, has found a prima facie case under Section 406 of the Indian Penal Code to be made out against the accused petitioner and has accordingly taken cognizance of the offence against him. It has further been stated that from perusal of the case diary and the enclosures of the FIR discloses that the petitioner has collected the dues of the informant from the said owner Nityanand of the said 'Jharkhand-Raipur Carrier'. Though in para-108 of the case diary the accused has stated his innocence before the I.O. but the witnesses in para 2, 6, 7, 26, 120, 133 and 135 of the case diary, have fully supported the prosecution case.