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Judgment
Sanjay Kumar Dwivedi, J
O.P.No.2 has already been served, however, the O.P.no.2 has not appeared.
In view of above, this petition is being heard in absence of the O.P.No.2.
Heard Mr. Ramawatar Sharma, the learned counsel for the petitioner and Mrs. Nehala Sharmin, the learned State counsel.
This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 04.07.2014 arising out of Giridih (T) P.S.Case No.190 of 2013, corresponding to G.R. No.2198 of 2013, pending in the court of learned Chief Judicial Magistrate, Giridih.
Mr. Sharma, the learned counsel appearing for the petitioner submits that the complaint has been sent to the police under section 156(3) Cr.PC by the learned court and pursuant to that, the said P.S. Case has been registered under section 420 and 506 of the IPC. He submits that the only allegations made is that a sum of Rs.48,500/- was taken by the petitioner as friendly loan for business which was not returned back and for that the learned court has taken cognizance.
Mrs. Nehala Sharmin, the learned State counsel submits that charge sheet is there and in view of that, the learned court has rightly passed the order.
The Court has perused the cognizance order dated 4.07.2014 and finds that the word ‘cognizance’ has been filled in blank space which suggest that there is non-application of judicial mind, hence, the order dated 4.07.2014 is set aside.
The matter is remitted back to the learned court concerned to pass a fresh order in accordance with law.
This petition is disposed of accordingly.