Bhartendu Kumar @ Bhartendu Kumar Singh @ Vikky Kumar Singh vs State Of Bihar

Heard learned counsel for the parties.

This application has been filed under Section 482 of the Cr.P.C for quashing the order dated 03.07.2019 passed by learned Additional Chief Judicial Magistrate-V, Samastipur in Muffasil P.S. Case No. 569 of 2017/ T.R. No. 3426 of 2019, by which learned court below took cognizance against the accused-petitioners for the offence punishable under Sections 341, 323, 307, 379, 354A, 354D, 387, 504, 506/34 of the Indian Penal Code.

Informant in his fardbeyan has alleged that on 18.09.2017 at about 1:20 pm when he was returning from GKPD College on his Maruti Swift Car after B.A Part-II exam of his sister and as he reached near the petrol pump of Hira Singh, four miscreants boarded on two motorcycle overtook his car and accused Vicky Singh dragged him and his sister out from the car in order to kidnap and when he protested accused Vicky Singh assaulted him by the butt of the pistol on his face and back and snatched his chain, wrist watch and Rs. 5000/-cash and when Mazhar Hamam came to save him he was also assaulted by butt of the pistol behind his head and accused persons also snatched his golden chain. Informant has further stated that he can identify other accused persons. He has video recording of the incident and he can produce it as and when required.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to oblique motive. It has been further submitted that Informant has entered into compromise with one Karu Singh and has further made application for omission of the name of one of the co-accused Nilmani singh, this shows that Informant due to catty-cornered motive has dragged the name of the petitioner in this case.

On the basis of evidence collected during investigation, case diary and chargesheet filed against petitioner, the court below found prima facie case to be made out against the petitioner and took cognizance for the offence punishable under Sections 341, 323, 307, 379, 354A, 354D, 387, 504, 506/34 of the Indian Penal Code, and issued summons for their appearance to face trial.

At the stage of taking cognizance the court has to form an opinion on the basis of materials available on record whether a prima facie case is made out against the accused or not. Relevancy, adequacy and sufficiency of evidence cannot be considered at the stage of taking cognizance.

The defence of the accused cannot be considered at the time of taking cognizance. This Court in its inherent jurisdiction cannot substitute its view regarding sufficiency or relevancy of material before the court below at the time of taking cognizance and issuance of summons against accused as same is within exclusive domain of trial court, as such I am not inclined to interefere with the Order date 03.07.2019 passed by learned Additional Chief Judicial Magistrate-V, Samastipur.

However, petitioners will be at liberty to raise all the issues raised before this Court as well as other points available to them in accordance with law at subsequent stage i.e. at the time of discharge/framing of charge.

Subject to the aforesaid observation and liberty, this application is disposed of.