Imran Ansari vs State of Jharkhand

Prashant Kumar, J.—This application has been filed for quashing the order dated 18.4.2015 passed by S.D.J.M., Jamshedpur in G.R. No. 4032 of 2014, whereby and whereunder he found prima facie case against the petitioner under Sections 363 /364-A /302 /201 /120-B /34 of the Indian Penal Code and accordingly took cognizance against the petitioner. It is submitted by learned counsel for the petitioner that after investigation, police submitted charge-sheet against five accused persons but had not found any cogent evidence against the petitioner. Accordingly, no charge-sheet submitted against the petitioner. But learned court below took cognizance against the petitioner, without assigning any reason.

It is further submitted that in view of the law laid down by the Hon''ble Supreme Court in Nupur Talwar Vs. Central Bureau of Investigation and Another, , the impugned order cannot be sustained.

Learned Addl. P.P., after going through the impugned order, has not disputed the aforesaid submission.

Having heard the submissions, I have gone through the records of the case.

From perusal of the impugned order, it is clear that police had not submitted charge-sheet against the petitioner Imran Ansari @ Harish on the ground that no cogent evidence found against him. But the learned court below without assigning any reason had given a finding that prima facie case made out against the petitioner Imran Ansari @ Harish. Thus, the aforesaid finding of the learned court below is in the teeth of the judgment of the Hon''ble Supreme Court in Nupur Talwar vs. C.B.I. and Another (supra). Under the said circumstance, the impugned order cannot be sustained. Accordingly, I allow this application and quash the impugned order, so far it relates to the petitioner and remit back the matter in the court of S.D.J.M., Jamshedpur for passing fresh order in view of the law laid down by the Hon''ble Supreme Court in Nupur Talwar vs. C.B.I. and Another (supra).