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SHAILENDRA SINGH
Ram Agya Singh @ Ram – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J.—Heard Mr. Sanjay Kumar, learned counsel appearing for the petitioners, Mr. Binod Kumar No. 3 and Mr. Ram Sumiran Roy, learned APPs appearing for the State in Cr. Misc. No. 53947/2015 and Cr. Misc. No. 55695/2015 respectively and Mr. Rajendra Narain, learned senior counsel appearing for the O.P. No. 2 in both the petitions.
2. Both the petitions have been filed under section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) with a prayer to quash the order dated 07.10.2015 passed by learned Additional Chief Judicial Magistrate, Danapur, in connection with Bihta P.S. Case No. 175/2013 (G.R. No. 969/2013), whereby and whereunder the learned Magistrate has taken cognizance of the offences under Sections 302 and 201/34 of IPC against the petitioners and others. The petitioner, namely, Ram Agya Singh @ Ram Adya Singh (petitioner No. 1 of Cr. Misc. No. 53947/2015) died after filing his petition and by order dated 16.05.2024, the criminal Miscellaneous No. 53947 of 2015 was directed to run in respect of the rest petitioners only.
3. Mr. Sanjay Kumar, learned counsel for the petitioners submits that the informant’s youngest son, namely, Arvind Kumar, aged about 1
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Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
A Magistrate lacks authority to conduct preliminary inquiries or investigations under Section 190, and must adhere strictly to the procedural mandates of the Criminal Procedure Code.
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
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