ORDER

This application is filed for quashing the order dated 03.01.2023 passed in POCSO Case No. 41 of 2022 arising out of Sahebpur Kamal P.S. Case No. 69 of 2022 passed by the Exclusive Special Court, POCSO, Begusarai by which charge has been framed under Section 354(B), 341, 323, 504, 506 of the Indian Penal Code read with under Section-3 (r), 3(1), (r), (s), (w), 3(8) (5-A) of S.C./S.T. (POA) Act and Section-8 of the POCSO Act.

2. Learned counsel for the petitioner submits that while passing the impugned order, the learned Magistrate has not considered the material available on record and has passed a cryptic order, He relies upon a decision of the Hon’ble Supreme Court rendered in the Case of Kanchan Kumar vs. State of Bihar reported in 2022 9 SCC 577 [: 2022 (5) BLJ 373 (SC)].

3. I have perused the impugned order passed by the learned Magistrate and find substance in the submission of learned counsel for the petitioner that the impugned order is cryptic and non-speaking order. In the case of Kanchan Kumar Vs. State of Bihar (supra) the Hon’ble Supreme Court has held that the trial Court cannot act merely as a Post Office or a mouthpiece of the prosecution, but has to consider the