A magistrate is not required to record reasons when issuing summons based on a police report, nor does they have the authority to alter penal sections at the cognizance stage, as the assessment of evidence and framing of charges are duties reserved for the trial court.

JUDGMENT :

Anil Kumar Choudhary, J.

1. Heard the parties.

2. Though notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 inspite of repeated calls.

3. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceeding including the order dated 08.08.2022 passed by the learned Judicial Magistrate 1st Class-VI, Ranchi in connection with Nagri P.S. Case No.75 of 2022, corresponding to G.R. No.2330 of 2022 by which basing upon the charge sheet submitted by the police upon investigation of the case, the learned Judicial Magistrate 1st Class-VI, Ranchi has taken cognizance of the offence punishable under Sections 379/411 of the Indian Penal Code.

4. Learned counsel for the petitioners submits that the case is next fixed to 03.08.2026 for appearance of the petitioners.

5. The allegation against the petitioners is that the petitioners were involved in commission of the offence of theft of 12-wheel truck bearing registration no. JH-01-AL-9147 loaded with wheat and received the stolen property.

6. On the basis of the written report submitted by the informantowner of the truck, police registered Nagri P.S. Case No. 75 of 2022 against unknown persons and took up investigation of the case. During the pendency of the case, petitioner nos.1, 2 and 3 filed A.B.P. No. 1626 of 2022 in which an order was passed for not taking any coercive steps till further orders. During the investigation of the case, police recorded the statement of five witnesses whose names, parentage and addresses have been mentioned in paragraph no.13 of charge sheet and on the basis of the investigation, police found that the petitioners have committed the said offences and submitted charge sheet inter alia against the petitioners for having committed the said offences. Basing upon the same, the learned Judicial Magistrate 1st Class-VI, Ranchi has taken cognizance of the offence.

7. It is submitted by the learned counsel for the petitioners that the names of the petitioners surfaced during the investigation of the case on the disclosure of the co-accused persons in their respective confessional statements which has no evidentiary value. It is next submitted by the learned counsel for the petitioners that the impugned order does not reflect application of judicial mind by the learned Judicial Magistrate 1st Class-VI, Ranchi and the impugned order is bad, cryptic and unreasonable. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

8. The learned Addl. P.P. on the other hand vehemently oppose the prayer and submits that it is a settled principle of law, that Judicial Magistrate taking cognizance of the offence basing upon the Police Report has very limited role to play. It is next submitted by the learned Addl. P.P. that the only contention of the petitioners is that the materials in the record is inadequate to constitute the offence punishable under Sections 379/411 of the Indian Penal Code and which can only be considered by the learned Judicial Magistrate 1st Class-VI, Ranchi at the time of framing of charge. It is next submitted by learned Addl. P.P. that there is direct and specific allegation against the petitioners of being involved in commission of theft of 12-wheel truck loaded with wheat and receiving the stolen property and the same was found to be true during the investigation of the case; by the police. Hence, it is submitted that this crimina