Ajay Yadav @ Ajay Kumar & Anr vs State Of Bihar on 2 August, 2011

Patna High Court – Orders
Ajay Yadav @ Ajay Kumar & Anr vs State Of Bihar on 2 August, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CR.MISC. NO.40115 OF 2008
    1. AJAY YADAV @ AJAY KUMAR
    2. VIJAY YADAV @ VIJAY KUMAR
    BOTH SONS OF PRADEEP YADAV, RESIDENT OF GANESHI BIGHA, POLICE
    STATION ISLAMPUR, DISTRICT NALANDA
                                 VERSUS
                           THE STATE OF BIHAR
                                 *********

3 02/08/2011 Heard Counsel for the petitioners and the

A.P.P. appearing on behalf of the State.

The petitioner is aggrieved by the order dated

17.07.2006 passed in Islampur Police Station Case No.

36 of 2004 by which the Additional Chief Judicial

Magistrate, Hilsa, has taken cognizance for the offences

alleged to have been committed under Sections 341, 323,

307, 504 & 302/34 of the Indian Penal Code.

Learned Counsel for the petitioners has

challenged the impugned order for the reason that

although the final form was submitted by the

Investigating Officer, the Court below has taken

cognizance without giving any reasons for differing with

the findings of the Investigating Officer.

Accordingly, I quash the impugned order and

remand the matter back to the Additional Chief Judicial

Magistrate, Hilsa to reconsider the facts, take into

account the materials available in the case diary and

pass a reasoned order within a period of two months from
2

the date of receipt/production of a copy of this order

before him.

Counsel for the petitioners is directed to

produce a copy of this order before the Additional Chief

Judicial Magistrate, Hilsa within a period of one month

from today, failing which this application shall stand

dismissed.

This application is allowed to the extent

indicated aforesaid.

This order is subject to the fact that charges

have not been framed in this case. In case, charges have

been framed in this case, the Court below will send a

report regarding the present status of the case within a

period of one week from the date of receipt/production of

a copy of this order.

The office is directed to list this case under the

heading ‘for orders’ on receipt of the report of the Court

below, if any.

Anand                                        ( Sheema Ali Khan, J.)
 

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