Basant Kumar and Devashish Patra vs State of Jharkhand and Another

Rakesh Ranjan Prasad, J.—While assailing the order dated 10/05/2013, passed in Sonahatu P.S. Case No. 21 of 2013 (G.R. No. 1349/2013), taking cognizance of the offence u/s 304A of the Indian Penal Code, learned counsel appearing for the petitioners submitted that the same is not a speaking order as the Magistrate has not taken into account all the facts collected during investigation and, thereby, the order taking cognizance is fit to be quashed.

On perusal of the impugned order, I do find that the learned Magistrate having perused the case diary and the records did find that prima-facie case being made out under Sections 304A of the Indian Penal Code and, hence, took cognizance of the offence u/s 304A IPC. However, it be stated that the Magistrate while passing order on the point of cognizance may state in brief about the materials collected showing prima-facie case. Though, the order has not passed in that light, but I do not find any illegality with the order taking cognizance dated 10/05/2013. Accordingly, the order impugned never warrants to be interfered with. However, the petitioners would be at liberty to raise all the points, which have been raised in this application at an appropriate stage.

With these observations, this application stands disposed of.