D.K.SINHA,J. - (1.) THE instant criminal revision has been directed against the order dated 15-9-2009 passed by the S.D.J.M., Ranchi in G.R. No.1015 of 2006 by which the petition filed on behalf of the petitioner for discharge of the alleged offence under Sections 147/448/379/354/323/504 and 498A of the I.P.C. was rejected.
(2.) IT is evident from the order impugned that a petition was filed under Section 245 of the Code of Criminal Procedure for the discharge of the petitioner. As it was a police case, the petition was maintainable for discharge under Section 239 of the Code of Criminal Procedure instead of Section 245 of Code of Criminal Procedure which was relevant in the case arising out of complaint petition. It was stated that petitioner was aged about 80 years. Admittedly, he is father-in-law of the informant but without specific overt act attributed against him, the informant had implicated all the members of the family in the instant case intentionally and purposely, but the learned S.D.J.M. Ranchi without discussing the prima facie material available in the case diary rejected the petition merely by saying that the petition was not maintainable for the reason that cognizance of the offence was taken by the Chief Judicial Magistrate, Ranchi on the same set of materials. This Court in catena of decisions has held that whenever a petition for discharge is filed on behalf of the accused either under Section 239 of the Cr.P.C. or under Section 245 Cr.P.C, the duty is cast upon the court concerned to point out at least prima facie materials available against the accused to proceed against him after framing of charge. But in the instant case, I find that instead of specifying prima facie material, the S.D.J.M., Ranchi grossly erred by rejecting the prayer of the petitioner that the cognizance of the offence has already been taken by the Chief Judicial Magistrate, Ranchi on the same set of material and such ground cannot be sustained.
(3.) IN the result, the order impugned dated 15-9-2009 recorded by the S.D.J.M., Ranchi in G.R. No.1015 of 2006 is set aside with a direction to pass an order afresh on the petition of the petitioner Md. Syed Ansari under Section 245 of the Code of Criminal Procedure which shall be deemed as petition under Section 239 of the Code of Criminal Procedure.;