Patna High Court
Md. Yunus vs The State Of Bihar on 20 January, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2189 of 2024
Arising Out of PS. Case No.-20 Year-2017 Thana- TIKAPATTI District- Purnia
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1. Md. Yunus S/O Md Fahimuddin R/O Charrapatti, P.S- Tikapatti, Distt.
Purnea.
2. Md. Irfan S/O Md Fahimuddin R/O Charrapatti, P.S- Tikapatti, Distt.
Purnea.
3. Md. Ganiuddin S/O Md Late Farmud Ali R/O Charrapatti, P.S- Tikapatti,
Distt. Purnea.
4. Md. Asgar @ Asgar Ali S/O Md Late Farmud Ali R/O Charrapatti, P.S-
Tikapatti, Distt. Purnea.
5. Md. Jibrail @ Yakub S/O Md. Irfan R/O Charrapatti, P.S- Tikapatti, Distt.
Purnea.
... ... Petitioner
Versus
1. The State Of Bihar
2. Md Chand Ali S/O Md. Jamaluddin R/O Village And P.O And P.S- Bihupur,
Dist.- Bhagalpur And Current R/O Charrapatti, P.S- Tikapatti, Distt.- Purnea.
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.Shambhu Narayan Singh, Advocate
For the Opposite Party : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 20-01-2025
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present application has been filed for quashing
of cognizance order dated 11.07.2018 passed by learned
Judicial Magistrate - 1st, Purnea in which learned Magistrate
has taken cognizance under Sections 147, 149, 323, 341,
504, 379, 327, 188 of the Indian Penal Code in Tikapatti P.S.
Case No. 20 of 2017.
Patna High Court CR. MISC. No.2189 of 2024 dt.20-01-2025
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3. It is submitted by learned counsel appearing on
behalf of the petitioners that learned trial court took
cognizance without application of judicial mind, for the reason
that cognizance was taken in typed format in very mechanical
manner. It is submitted that aforesaid cognizance order is not
a reasoned order.
4. Considering aforesaid, the impugned order dated
11.07.2018
passed by learned Judicial Magistrate – 1st,
Purnea in connection with Tikapatti P.S. Case No. 20 of 2017,
is hereby quashed/set-aside with a direction to the learned
trial court to pass a fresh reasoned cognizance order in
accordance with law within two weeks from the date of receipt
of a copy of this order.
5. Accordingly, this application stands allowed to the
extent indicated above.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR CAV DATE Uploading Date 20.01.2025 Transmission Date 20.01.2025
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