BISESHWAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 5.8.2000 passed by Chief Judicial Magistrate, Begusarai in Balia P.S. Case no. 71/2000 (G.R. Case no. 959/2000) whereby it had taken cognizance of the offence under sections 420, 406, 409, 465, 468, 469, 471, 472, 474, 477A, 414 and 120B of the Indian Penal Code.

(2.) SHORN of unnecessary detail facts giving rise to the present application are that on the basis of a report given to the police, Balia P.S. Case no. 71/2000 was registered under the aforesaid sections of the Indian Penal Code. Police, after investigation, submitted chargesheet against the petitioner. Chargesheet, so submitted, was placed for consideration before the learned Magistrate, who by the impugned order took cognizance of the offence. While doing so he has observed as follows :

(3.) MR . Shivnandan Ray, Senior Advocate appearing on behalf of the petitioner submits that the Magistrate while taking cognizance is required to apply his mind and in his submission, in the present case the learned Magistrate had taken cognizance without application of mind. He points out that application of mind should reflect in the order. According to his submission order taking cognizance, which has been quoted above clearly shows non application of mind. He submits that mere perusal of chargesheet along with case diary by the learned Magistrate while passing the impugned order does not indicate that he has applied his mind in support of the submission, learned counsel has placed reliance on a judgment of learned Single Judge of this Court in the case of Paras Nath Singh V/s. State of Bihar, 1998 (3) PLJR 334 and my attention has been drawn to para 6 of the said judgment, which reads as follows :