Quashed

MD Tabrej Alam v. the State of Bihar

Patna HC25 Jul 2024CR. MISC./31395/2023

Case brief

AI extract

What is this about?

The Patna High Court quashed an order whereby a Judicial Magistrate took cognizance in a criminal case despite the investigating agency filing a Final Form exonerating the petitioner, holding the order cryptic and lacking reasons in violation of Supreme Court precedent.

What did the court decide?

The order dated 24.08.2022 passed by the learned Judicial Magistrate is quashed and the matter remitted for fresh consideration.

MD Tabrej Alam Vs the State of Bihar — Civil Procedure and Limitation | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31395 of 2023

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Arising Out of PS. Case No.-46 Year-2019 Thana- PHENHARA District- East Champaran

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======================================================

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Md Tabrej Alam Son Of Md Wasi Akhtar resident of village-jamunia, p.s.Phenhara, District-East Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Wasi Akhtar, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 25-07-2024 Heard learned counsel for the parties.

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2 . This application has been filed for quashing the

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order dated 24.08.2022 passed by learned Judicial Magistrate, 1^st Class, Motihari, East Champaran in Phenhara P.S. Case No. 46 of 2019 (G.R. No. 4316 of 2019), by which, the learned Magistrate has taken cognizance against the petitioner and four others under Sections 147, 148, 149, 341, 323, 324, 326, 307, 354, 379, 504, 506/34 of the IPC.

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The petitioner was exonerated by the investigating agency and Final Form was filed. The Magistrate has taken cognizance differing with the Final Form.

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There is no discussion in the impugned order as to why the Magistrate has differed with the Final Form and has taken cognizance.

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Patna High Court CR. MISC. No.31395 of 2023(5) dt.25-07-2024 2/2

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A cryptic order has been passed by the Magistrate which is in teeth of the law laid down by the Hon’ble Supreme Court in the case of M/S Pepsi Foods Ltd. And Anr. v. Special Judicial Magistrate and Ors reported in (1998) 5 SCC 749.

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The learned APP and the learned counsel for the opposite party no.2, Mr. Anshul have vehemently opposed the application but Mr. Anshul cannot deny the fact that there is no reason in the impugned order.

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In these circumstances, this application is allowed. The order dated 24.08.2022 passed by learned Judicial Magistrate, 1^st Class, Motihari, East Champaran in Phenhara P.S. Case No. 46 of 2019 (G.R. No. 4316 of 2019), is hereby quashed.

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The matter is remitted back for fresh consideration in accordance with law.

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(Sandeep Kumar, J)

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Guddu/-

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U T

MD Tabrej Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

MD Tabrej Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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