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Judgment
Anil Kumar Choudhary, J
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with a prayer to quash and set aside the order taking cognizance dated 30.08.2024 passed by learned Chief Judicial Magistrate, Hazaribagh by which though the learned Chief Judicial Magistrate, Hazaribagh has mentioned that a prima facie case is found under Section 385 & 387 of the Indian Penal Code but instead of taking cognizance of the said offences, the learned Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences punishable under Section 385 & 357 of the Indian Penal Code, hence, the same be quashed and set aside; apparently because of a printing error.
Learned Spl.P.P. appearing for the state fairly submits that may be because of printing error, the same has occurred.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that since the learned Chief Judicial Magistrate, Hazaribagh has found prima facie case for the offence punishable under Section 385 & 387 of the Indian Penal Code, there is no rhyme or reason for taking cognizance of the offence punishable under Section 357 instead of 387 of the Indian Penal Code, accordingly the said order is not sustainable in law and the same is quashed and set aside.
The matter is remitted to the Court of the learned Chief Judicial Magistrate, Hazaribagh or its successor Court to pass a fresh order in accordance with law.
This Cr.M.P. is disposed of accordingly.