D.G.R.PATNAIK, J. - (1.) PETITIONER Shashi Bhushan Singh has prayed for invoking inherent powers of this Court for quashing the order dated 17.7.2006 passed by the Additional Chief Judicial Magistrate, Hazaribagh in G -(Complaint) Case No. 78 of 2006 whereby the learned Court below has taken cognizance of the offence under Sec. 174, CrPC.
(2.) LEARNED Counsel for the petitioner submits that the order passed by the learned Court below is totally devoid of substance, since Sec. 174, Cr PC does not constitute any offence either cognizable or non -cognizable and yet, the petitioner has been sought to be prosecuted for the offence which is not existing in law. Brief fact of the case is that in Sessions Trial No. 440 of 1993 pending in the Court of Shri Ramendra Nath Rai, Additional Sessions Judge, Fast Track Court No. 5, Hazaribagh, the petitioner was summoned to appear in the Court for recording his deposition, but despite summons, petitioner had failed to appear. The learned trial Court had taken it to be an offence and thereafter the trial Court had proceeded to draw complaint against the petitioner and had forwarded the complaint to the Court of Chief Judicial Magistrate, Hazaribagh for putting the petitioner on trial for the offence alleged. The learned Chief Judicial Magistrate, on perusal of the complaint, proceeded to take cognizance under Sec. 174, CrPC issuing summon against the petitioner and directing him to appear for facing trial.
(3.) FROM perusal of the impugned order dated 17.7.2006 passed by the learned Additional Chief Judicial Magistrate, it appears that by a detailed order, the learned Magistrate has taken cognizance for the offence purportedly under Sec. 174, CrPC. Referring to the Sec. 174, CrPC. it does not relate to any offence whatsoever. It is apparent that the learned Chief Judicial Magistrate had passed the impugned order without application of judicial mind and in most mechanical manner.;