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Judgment
A.S. Naidu, J.—Heard Learned Counsel for both the parties.
The order dated 31.7.1998 passed by the learned J.M.F.C., Salipur in G.R. Case No. 302 of 1998 taking cognizance of the offence is impugned in this case. Relevant portion of the said order reads as follows:
Charge sheet is received. Cognizance under Sections 302/201/34 I.P.C. is taken against the accused persons xxx.
The reading of the order clearly reveals that the learned Magistrate has neither perused the materials available nor arrived at the prima facie satisfaction that there are sufficient material to take cognizance of the offence. In absence of prima facie satisfaction regarding availability of materials for taking cognizance, the order becomes vulnerable. I have, therefore, no hesitation to quash the said order and dispose of this case directing the learned Magistrate to peruse the charge sheet, case diary and other materials and arriving at a prima facie satisfaction whether materials are available for taking cognizance of the offence or not, and thereafter proceed with the case in accordance with law.
The CRMC is allowed.