Basudeo Modi and Others vs State of Jharkhand and Another

N.N. Tiwari, J.—In this application, the petitioners have prayed for quashing the order dated 3.5.2003 passed by the Chief Judicial Magistrate, Koderma in Jainagar PS. Case No. 35 of 2002, whereby, cognizance of the offences under Sections 304-B/34, IPC has been taken against the petitioners.

Learned Counsel appearing on behalf of the petitioners submitted that the Court below has mechanically passed the said order without application of mind. Though there is no sufficient material making out a prima facie case against the petitioners for taking cognizance of the said offence against them.

Mr. Atanu Banerjee, learned Counsel appearing on behalf of the opposite party No. 2 on the other hand submitted that the Court below has acted legally and has applied its mind properly and there were sufficient materials on record which prima facie make out the case under the aforesaid sections of the Indian Penal Code.

After hearing learned Counsel for the parties and perusing the records. I find that order of the Court below is based on materials and the same is not unfounded. However, this Court in exercise of its inherent powers u/s 482, Cr PC cannot go into sufficiency or insufficiency of the materials for constituting the offences and that too in a case falling within the provisions of Section 113-B of the Evidence Act. In that view, the impugned order of the Court below cannot be held vitiated.

I, therefore, find no merit in this application which is, accordingly, dismissed. However, dismissal of this application shall not prejudice the merit of the petitioners'' case in course of trial in the Court below.