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I.A. No.3208 of 2019
This interlocutory application has been filed for amending the prayer portion of the petition for quashing the order dated 12.03.2019, whereby non-bailable warrant of arrest has been issued, against the petitioners.
Learned counsel for the petitioners has submitted that the petition was filed earlier for quashing the order of cognizance. It is submitted that during the pendency of the present miscellaneous petition, non-bailable warrant of arrest was issued against the petitioners, accordingly prays that prayer portion may be amended.
Learned A.P.P. is present.
Heard. Considering the fact that issuance of non-bailable warrant of arrest is consequential to the order of cognizance, hence the prayer is allowed. I.A. No.3208 of 2019 shall form part of the main application.
I.A. No.3208 of 2019 stands allowed.
Cr.M.P. No.4090 of 2018
The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing the orders dated 20.06.2018 and 12.03.2019, passed by the learned Special-cum-Sessions Judge - IV, Deoghar, in SC/ST No.180 of 2017, in connection with Jasidih P.S. Case No.137 of 2016, corresponding to G.R. No.963 of 2016, whereby the court below has taken cognizance of the offence under Sections 323, 341, 504 of the Indian Penal Code and under Sections 3(i)(iv)(v) and (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, and for issuance of non-bailable warrant of arrest, respectively.
Learned counsel, for the petitioners, while placing reliance on the decision of the Supreme Court in the case of Nupur Talwar Vs. C.B.I., (2012) 11 SCC 465, has submitted that the order taking cognizance is a non-speaking order. Learned counsel has also relied on the decision of the Supreme Court in the case of M/s GHCL Employees Stock Option Trust Vs. M/s India Infoline Limited; (2013) 3 JCR120 SC, and submitted that the court below has passed the order without application of the judicial mind.
It is submitted that it would be evident that the police had submitted the closure report, thereafter protest petition was filed by the complainant and the court below has not discussed the evidence of the witnesses nor recorded its satisfaction that prima facie case for taking cognizance of the aforesaid offence is made out. It is further submitted that it would be evident that the order for issuance of non-bailable warrant of arrest was issued without receipt of the execution report and in fact, no notice was served upon the petitioners.
On the above ground, prayer has been made for quashing the aforesaid orders.
Learned A.P.P. is present.
Heard. Perused the order dated 20.06.2018. It is apparent that the court below has perused the S.A of the complainant, the protest-cum-complaint petition and the evidence of the enquiry witnesses examined under Section 202 Cr.P.C., and has recorded its satisfaction that there was sufficient material to make out a prima facie case for taking cognizance of the offences under the aforesaid sections against the accused persons. In fact, the order dated 20.06.2018 is in accordance with law and the same does not require any interference by this Court.
However, from perusal of the order dated 12.03.2019, it is evident that no finding has been recorded that the summons were served upon the petitioners. It is not mentioned that the service report of the summons was received. The court below has ordered for issuance of non-bailable warrant of arrest against the petitioners without recording the satisfaction that they are evading their arrest. The order dated 12.03.2019 is not in accordance with law and the same is, hereby, quashed and set aside.
The petitioner is always at liberty to raise all the points in his defence at the appropriate stage in the court below.
It is made clear that this Court has not expressed any view or opinion on the merit of the case. The discussion has been confined to the legality or order taking cognizance and not on the merit of evidence. The court below shall pass necessary order in accordance with law without being influenced by this order.
With the said observation and direction, this miscellaneous petition stands disposed off.