Under Section 482 CrPC, High Court cannot quash Section 304A IPC proceedings on police charge-sheet by assessing allegation falsity or conducting mini-trial; Magistrate need not record reasons for cognizance based on investigation materials.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

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, 1973 with the prayer to quash the entire criminal proceeding including the order dated 26.02.2020 passed by the learned Judicial Magistrate-1st Class, Bokaro in connection with Bokaro Steel City P.S. Case No.245 of 2018 corresponding to G.R. Case No.86 of 2019 whereby and where under the learned Judicial Magistrate-1st Class, Bokaro took cognizance of the offence punishable under Section 304A of the Indian Penal Code basing upon the charge-sheet submitted by the police after investigation of the case.

3. Learned counsel for the petitioner submits that this is the second journey of the petitioner with the self-same prayer as earlier the petitioner filed Cr.M.P. No.4026 of 2019. It is next submitted that a co- ordinate Bench of this Court vide order dated 15.01.2020 in the said Cr.M.P. No.4026 of 2019 was of the view that since the materials against the petitioner in the order impugned has not been mentioned so, it set aside the impugned order and remitted the matter to the Magistrate concerned with the direction to pass a fresh order in accordance with the provisions of law.

4. The allegation against the petitioner is that the petitioner caused the death of Sikandar Ansari by doing rash and negligent act resulting in his death. On the basis of the written report submitted by the informant, police registered Bokaro Steel City P.S. Case No.245 of 2018 and took up the investigation of the case. After completion of the investigation, police submitted charge-sheet against the petitioner for having committed the offence punishable under Section 304A of the Indian Penal Code after finding the allegation against the petitioner to be true. After the case was remitted to the court of Judicial Magistrate- 1st Class, Bokaro vide the said order dated 15.01.2020 passed in Cr.M.P. No.4026 of 2019, the learned Judicial Magistrate-1st Class, Bokaro on the basis of perusal of paragraph Nos.2, 3, 4, 20 and 21 of the case-diary in which the statement of the witnesses were recorded by the Investigating Officer of the case and as the witnesses supported the allegations attributed against the petitioner in toto that there was negligence on the part of the petitioner while performing his duty found that prima facie case is made out against the petitioner under Section 304A of the Indian Penal Code and took cognizance of the said offence.

5. Learned counsel for the petitioner submits that the case is next fixed to 09.03.2026 for supply of police papers but charge has not been framed. Learned counsel for the petitioner relies upon the judgment of this Court in the case of Dr. Prakash Singh vs. The State of Jharkhand reported in ::23396 and submits that in the facts of that case as the allegation of negligence was against the nurse of the hospital but there was no allegation against the petitioner before this Court in that case, who is the doctor in the hospital, this Court quashed the entire criminal proceedings and submits that in this case also there is no negligence on the part of the petitioner.

6. Learned counsel for the petitioner next relies upon the judgment of this Court in the case of Dr. Shipra Sarkar & Others vs. The State of Jharkhand & Another reported in ::37868 wherein in the facts of that case five (5) members of the Expert Enquiry Commit