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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2189 of 2024 Arising Out of PS. Case No.-20 Year-2017 Thana- TIKAPATTI District- Purnia ======================================================
1. Md. Yunus S/O Md Fahimuddin R/O Charrapatti, P.S- Tikapatti, Distt. Purnea.
2. Md. Irfan S/O Md Fahimuddin R/O Charrapatti, P.S- Tikapatti, Distt. Purnea.
3. Md. Ganiuddin S/O Md Late Farmud Ali R/O Charrapatti, P.S- Tikapatti, Distt. Purnea.
4. Md. Asgar @ Asgar Ali S/O Md Late Farmud Ali R/O Charrapatti, P.S- Tikapatti, Distt. Purnea.
5. Md. Jibrail @ Yakub S/O Md. Irfan R/O Charrapatti, P.S- Tikapatti, Distt. Purnea. ... ... Petitioner Versus
1. The State Of Bihar
2. Md Chand Ali S/O Md. Jamaluddin R/O Village And P.O And P.S- Bihupur, Dist.- Bhagalpur And Current R/O Charrapatti, P.S- Tikapatti, Distt.- Purnea. ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr.Shambhu Narayan Singh, Advocate For the Opposite Party : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 20-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The present application has been filed for quashing of cognizance order dated 11.07.2018 passed by learned Judicial Magistrate – 1st, Purnea in which learned Magistrate has taken cognizance under Sections 147, 149, 323, 341, 504, 379, 327, 188 of the Indian Penal Code in Tikapatti P.S. Case No. 20 of 2017.
Patna High Court CR. MISC. No.2189 of 2024 dt.20-01-2025 2/2
3. It is submitted by learned counsel appearing on behalf of the petitioners that learned trial court took cognizance without application of judicial mind, for the reason that cognizance was taken in typed format in very mechanical manner. It is submitted that aforesaid cognizance order is not a reasoned order.
4. Considering aforesaid, the impugned order dated 11.07.2018 passed by learned Judicial Magistrate – 1st, Purnea in connection with Tikapatti P.S. Case No. 20 of 2017, is hereby quashed/set-aside with a direction to the learned trial court to pass a fresh reasoned cognizance order in accordance with law within two weeks from the date of receipt of a copy of this order.
5. Accordingly, this application stands allowed to the extent indicated above.
Rajeev/- (Chandra Shekhar Jha, J) AFR/NAFR NAFR CAV DATE Uploading Date 20.01.2025 Transmission Date 20.01.2025