The court affirmed that a Magistrate taking cognizance based on a police report is not required to record reasons, provided sufficient grounds are established for proceeding with the case.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding arising out of Korra P.S. Case No.38 of 2019 corresponding to G.R. Case No.444 of 2020 including the order taking cognizance dated 04.02.2021 passed by learned Additional Chief Judicial Magistrate, Hazaribagh whereby and where under the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance for the offences punishable under Sections 452/34 of the Indian Penal Code against the petitioners.

3. This is the second journey of the petitioners with the self-same prayer. Earlier the petitioners filed Cr.M.P. No.2669 of 2020 and the case was remitted since the co-ordinate bench was of the view that the learned Court has taken cognizance in a mechanical manner and set aside the same and directed the concerned Court to pass a fresh order in accordance with law. Accordingly, the learned Additional Chief Judicial Magistrate, Hazaribagh passed an order in compliance with the said order passed by the co-ordinate bench in Cr.M.P. No.2669 of 2020.

4. The allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons committed house trespass after having made preparation for putting the informant in fear of hurt and assault, by entering into the house of the informant by breaking the lock.

5. On the basis of the written report submitted by the informant, police registered Korra P.S. Case No.38 of 2019 and took up investigation of the case. The Police after completion of the investigation submitted charge sheet against the petitioners for having committed the offences punishable under Section 452 of the Indian Penal Code, but the petitioners for reason best known to it, has suppressed the charge sheet basing upon which the cognizance of the offences has been taken by the learned Additional Chief Judicial Magistrate, Hazaribagh. On the basis of the charge sheet submitted by police, the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences punishable under Section 452/34 of the Indian Penal Code.

6. Learned counsel for the petitioners submit that police has filed a false police report vide charge sheet no.13 of 2020, the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences in a purely mechanical manner, hence, it is submitted that the prayer as prayed for by the petitioners in this Cr.M.P., be allowed.

7. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in the instant Cr.M.P and submit that when the court takes cognizance of the offence on the basis of the police report, the Magistrate is not required to record reasons for issuing the process. It is next submitted that if a case is made out on the basis of the police report, the Magistrate, at the time of taking cognizance cannot add or subtract a section which has not been mentioned in the charge sheet. It is next submitted that it is not even the case of the petitioners that if the contents of the charge sheet along with the supporting documents filed by the police against the petitioners are considered to be true in their entirety, then no offence is made out against the petitioners rather it is the case of the petitioners that police has submitted a false report, but the petit