- (1.) This application has been filed for quashing the order dated 17.08.2013 passed by Judicial Magistrate, Seraikella in G.R. No. 765 of 2012 (Adityapur (R.I.T.) P.S. Case No. 217 of 2012), whereby and whereunder the learned Magistrate took cognizance against the petitioners for the offences under Sections 341, 323, 324, 326, 307, 506/34 of the I.P.C. and issued summons to the accused persons named in the charge-sheet.
(2.) It is submitted by Sri P.S.A.S. Pati, learned counsel for the petitioners that in the instant case, the police submitted charge- sheet against the petitioners under Sections 341, 323, 324, 326, 506/34 of the I.P.C., but the learned Magistrate had taken cognizance against the petitioners for the offences under Sections 341, 323, 324, 326, 307, 506/34 of the I.P.C., which is illegal, therefore cannot be sustained.
(3.) Sri Pati relied upon a judgment of Hon'ble Supreme Court in State of Gujarat v. Girish Radhakrishnan Varde, 2014 AIR(SC) 620 in support of his contention.;