Ram Niwas Singh And Ors 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 03.06.2019 passed by learned ACJM, Sherghati, Gaya in

Sherghati (Dobhi) P.S. Case No. 250 of 2017, by which learned court below took cognizance against the accused-petitioners for the offence

punishable under Sections 341, 504, 506, 302/34 of the Indian Penal Code.

Informant who is son of deceased has alleged in his written complaint that on 14.05.2017 while he was returning from Hunterganj along with his father

on Scooty and as he reached near Naukidih road, 5-6 persons who were sitting there including petitioner caught hold of him and started abusing and

assaulting and thereafter one of them whom he did not recognize shot on the temple of his father as a result of which he died while being carried to

hospital and on the basis of said written complaint Sherghati (Dobhi) P.S. Case No. 250 of 2017 was instituted and after completing investigation

police submitted chargesheet against the petitioners and the court below by order dated 13.06.2019 on the basis of police paper, took cognizance

against the petitioners under Sections 341, 504, 506 and 302/34 of the Indian Penal Code.

On the basis of evidence collected during investigation, case diary and chargesheet filed against petitioners, the court below found prima facie case to

be made out against the petitioners and took cognizance for the offence punishable under Sections 341, 504, 506, 302/34 of the IPC 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 in case diary that whether a prima facie case is

made out against the accused or not.

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 adequacy 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 dated 03.06.2019 passed by learned ACJM,

Sherghati, Gaya.

However, the 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 framing of charge.

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