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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sandeep Kumar, J.
Aman Kumar Singh @ Aman Kumar s/o Madan Singh and ors. – Petitioners
Versus
The State of Bihar and ors. – Respondents
Criminal Miscellaneous No.32854 of 2023
Decided On : 20-06-2023
Advocate Appeared:
For the Petitioner: Mr. Sumit Kumar Singh, Adv., Mr. Nikhil Singh, Adv., Mrs. Alka Singh
For the Opposite Party : Mr.Sadanand Paswan
IMPORTANT POINT
The trial court must consider the broad probabilities of the case and the total effect of the evidence and the documents produced before it, and cannot act merely as a Post Office or a mouthpiece of the prosecution.
Headnote:
Cryptic Order - Quashing of Order - The court allowed the application for quashing the order on the grounds that the impugned order was cryptic and non-speaking, failing to consider the material available on record. The court relied on the decision of the Hon’ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar, emphasizing that the trial court cannot act merely as a Post Office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case and the total effect of the evidence and the documents produced before it.
Fact of the Case:
The 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.
Finding of the Court:
The court found substance in the submission of learned counsel for the petitioner that the impugned order is cryptic and non-speaking, and allowed the application for quashing the order, remanding the matter to the learned Magistrate for fresh consideration.
Issues: The issues revolved around the cryptic nature of the impugned order and the failure to consider the material available on record.
Ratio Decidendi: The court emphasized that the trial court cannot act merely as a Post Office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case and the total effect of the evidence and the documents produced before it.
Final Decision: The impugned 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 is set aside, and the matter is remanded to the learned Magistrate for fresh consideration of the discharge application filed by the petitioner and for passing fresh order in accordance with law.
ORDER :
1. 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 passed 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.
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 broad probabilities of the case and the total effect of the evidence and the documents produced before it.
4. In this view of the matter, this application is allowed. The impugned 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 is set aside. The matter is remanded to the learned Magistrate for fresh consideration of the discharge application filed by the petitioner and for passing fresh order in accordance with law.
