At the stage of cognizance and summoning, the Magistrate is required to apply judicial mind only to determine whether a prima facie case has been made out for summoning the accused persons.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 21.09.2017 passed in Lohardaga P.S. Case No.92 of 2016 corresponding to G.R. No.372 of 2016 whereby and where under the learned Chief Judicial Magistrate, Lohardaga has taken cognizance against the petitioner for the offence punishable under Sections 170 and 417 of the Indian Penal Code and directed for issuance of summon against the petitioner.

3. The brief facts of the case is that the petitioner while posted as Dairy Technical Officer, Lohardaga for several years enabled the co-accused Ajit Kumar Sharma to never perform his duty as District Dairy Development Officer. There is also allegation that the petitioner used to impersonate as District Dairy Development Officer and suppressed the material fact even before the Deputy Commissioner that he is a Dairy Technical Officer and not a District Dairy Development Officer. After investigation, the police found that the offences punishable under Sections 170, 417, 419 of the Indian Penal Code are made out and submitted charge sheet.

4. It is needless the mention and it is undisputed that the Dairy Development Officer is a public servant.

5. The learned Chief Judicial Magistrate, Lohardaga vide order dated 21.09.2017 passed in Lohardaga P.S. Case No.92 of 2016 corresponding to G.R. No.372 of 2016 upon receipt of the legal sanction order and upon perusal of the charge-sheet, has taken cognizance for the said offences.

6. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and the petitioner handed over charge of the District Dairy Development Officer, Lohardaga to Mr. Ajit Kumar on 14.07.2014. It is next submitted that the order dated 21.09.2017 passed by learned Chief Judicial Magistrate, Lohardaga is a non-speaking order as nothing has been mentioned therein as to what are the materials which necessitates issuing of summon to the petitioner. It is further submitted that the order taking cognizance dated 21.09.2017 is bad in law, hence, the same be set aside.

7. Learned A.A.G.-III appearing for the State, on the other hand, vehemently opposes the prayer to quash the order dated 21.09.2017 passed in Lohardaga P.S. Case No.92 of 2016 corresponding to G.R. No.372 of 2016 whereby and where under the learned Chief Judicial Magistrate, Lohardaga has taken cognizance against the petitioner. It is next submitted that admittedly, the petitioner is not a District Dairy Development Officer. Drawing attention of this Court to running page-26 of the brief which is the letter submitted by the petitioner to the Deputy Commissioner, Lohardaga, it is submitted by learned A.A.G.-III appearing for the State that therein the petitioner has admitted that even after handing over the charge of District Dairy Development Officer still he used to put signatures on various reports as District Dairy Development Officer. So, there is a clear cut case to establish the allegations against the petitioner. Hence, it is submitted that there is no justifiable reason to quash the order dated 21.09.2017 passed in Lohardaga P.S. Case No.92 of 2016 corresponding to G.R. No.372 of 2016 by the learned Chief Judicial Magistrate, Lohardaga.

8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record it is pertinent to mention here that it is a settled principle of law that at the stage of cognizance and summoning, the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or arguments nor is he required to evaluate the merits of the materials or evi