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Judgment
Rakesh Ranjan Prasad, J.—Order dated 10.04.2012, passed in Kadma P.S. Case No. 23 of 2012 (G.R. No. 344 of 2012) is being sought to be quashed on the ground that learned Magistrate has not recorded as to under which offences cognizance has been taken. It is strange to note that learned Magistrate has not recorded about the offence under which cognizance has been taken. It dos appear that the charge sheet has been submitted for commission of the offence under Sections 448, 341, 342, 295, 298, 427 /34 of the Indian Penal Code, but it is never necessary that the court will take cognizance of all the offences for which charge sheet has been submitted rather the court has to apply its mind over the allegation and the materials collected during investigation to ascertain prima facie as to which offence is made out.
Since offence under which cognizance has been taken is not recorded in the order dated 10.04.2012, accordingly, the said order is hereby, set, aside. The matter is remanded back so that the court may pass a fresh order on the point of cognizance, after taking into consideration as to which offences, prima facie, on the allegation made in the first information report and also upon the material collected during investigation is made out.
This application stands allowed. Let a copy of this order be communicated through Fax at the cost of the petitioner.