Nirbhay Kumar Singh & Another vs State of Bihar & Others

Leave granted.

Despite service, respondent Nos. 2 to 4 have not appeared.

We have heard the learned counsel for the appellants as also the learned counsel for the State of Bihar. We have considered the counter affidavit filed on behalf of the State of Bihar.

Reading the supervision note of investigation and the report submitted under Section 173(2) of the Code of Criminal Procedure, 1973, it appears that the Investigating Authority did not find any case against the appellants herein though had found a prima facie case against the brother of the appellants i.e. Ajit Kumar Singh. Yet cognizance has been taken of the offence(s) alleged against the appellants. The High Court in the impugned order also records that there is no allegation of cruelty constituting the offence under Section 498A of the IPC against the appellants. However, the High Court by the impugned order observed that the petitioners (including the appellants herein) before it can raise their grievances at the appropriate stage in the learned trial Court.

In the above facts, we hold that the High Court ought to have quashed the proceedings including the order dated 14th February, 2011 taking cognizance passed by the learned Chief Judicial Magistrate, Aurangabad (Bihar) as against the appellants. We order accordingly and set aside the order of the High court and the proceedings as a whole including the order dated 14th February, 2011 taking cognizance passed by the learned Chief Judicial Magistrate, Aurangabad (Bihar) insofar as the appellants are concerned. We also make it clear that the proceedings against accused Ajit Kumar Singh shall continue.

The appeal as also all pending applications are disposed of in the above terms.