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Judgment
R.N. Biswal, J.—Even though this matter is listed to date for admission, on consent and request of learned Counsel for both the sides. It is taken up for final disposal and the following order is passed.
Heard.
The petitioners have challenged the order dated 23.6.2007 passed by the learned S.D.J.M., Kamakhyanagar in G.R. Case No. 389 of 2006 wherein he took cognizance of the offence under Sections 279/304/109 of I.P.C. read with Section 181 of the M.V. Act. even though on the same facts and circumstances, earlier he had taken cognizance u/s 279/304(A)/109 of I.P.C. read with Section 181 of M.V. Act vide order dated 3.11.2006.
Learned Counsel for the petitioners submits that the I.O. first submitted charge sheet under Sections 279/304(A)/109 of I.P.C. and Section 181 of M.V. Act against the petitioner on 27.10.2006. Basing upon the said charge sheet and other materials on record, learned court below took cognizance of the offence under Sections 279/304-A/109 of I.P.C. read with Section 181 of M.V. Act as stated above. Again without further investigation. Supplementary charge sheet was submitted by the I.O. on 19.6.2007. Basing on the self-same material the court below should not have taken cognizance of the offence under Sections 279/304/109 of I.P.C. read with Section 181 of M.V. Act.
I am one with the submission made by learned Counsel for the petitioner. Accordingly, the CRLMC is allowed and the order of taking cognizance dated 23.6.2007 passed by the court of learned S.D.J.M., Kamakhyanagar is hereby quashed and the case shall proceed against the petitioners for the offence under Sections 279/304-A/109 of I.P.C. read with Section 181 of M.V. Act.
Accordingly the CRLMC is disposed of.
Remit back the L.C.R. forthwith.
Urgent certified copy of this order be granted on proper application.