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2013 DIGILAW 672 (JHR)

Kishore Sao v. State of Jharkhand

2013-06-13

D.N.PATEL, SHREE CHANDRASHEKHAR

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JUDGMENT D.N. Patel, J. 1. Counsel appearing for the petitioner submits that in this case, the F.I.R. was lodged on 11/12.08.2011 and the offence was registered under Section 363 of the Indian Penal Code. -The present petitioner was arrested on 10th June, 2012. -He was produced before the Judicial Magistrate, 1st Class, Giridih on 11th June, 2012. -The petitioner was given on police remand by the Judicial Magistrate, 1st Class, Giridih for the period of 14 days and upon completion of this remand period, again the petitioner was produced before the Judicial Magistrate, 1st Class, Giridih on 25th June, 2012. -The bail application of this petitioner was rejected by the trial court on 25th June, 2012 (as submitted by the counsel for the petitioner). -Thereafter, the Sessions Court, at Giridih has rejected the bail application of this petitioner on 13th December, 2012. -The charge-sheet no. 156 of 2012 was filed under Sections 364, 302, 201 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code by the police on 31st August, 2012 against this petitioner and thereafter, several dates have been given by the Judicial Magistrate, 1st Class, Giridih and it is submitted by the counsel for the petitioner that the Judicial Magistrate, 1st Class, Giridih has not taken cognizance and therefore, the petitioner should be enlarged on bail because his detention is illegal. 2. Judicial Magistrate, 1st Class, Giridih has to take cognizance of the case and he has to commit the case to the Sessions Court, Giridih for trial. 3. This Criminal Writ Petition is filed on 15th January, 2013 since long, the A.P.P. is unable to point out that why the cognizance is not taken by the Judicial Magistrate, 1st Class, Giridih and why the case is not committed to the court of Sessions. 4. We, therefore, direct the Registrar General of this Court to place this matter before the Hon'ble the Chief Justice of this Court for taking appropriate administrative decision in the matter because Judicial Magistrate, 1st Class, Giridih, since long is not taking cognizance and not committing the case to the Sessions Court, Giridih. The Registrar General of this Court will immediately place this matter before the Hon'ble the Chief Justice of this Court. 5. A copy of this order will also be placed before the Hon'ble Zonal Judge of district Giridih, for kind perusal. 6. The Registrar General of this Court will immediately place this matter before the Hon'ble the Chief Justice of this Court. 5. A copy of this order will also be placed before the Hon'ble Zonal Judge of district Giridih, for kind perusal. 6. The matter is adjourned to be listed on 3rd July, 2013. 7. At this stage, now the counsel for the State - S.C. II submits that he is getting information in the Court through Nodal Officer that cognizance has been taken on 3rd May, 2013 by the Judicial Magistrate, 1st Class, Giridih. 8. Thus charge-sheet was filed on 31st August, 2012 and for several months without taking cognizance, it was simply adjourned by the Judicial Magistrate, 1st Class, Giridih. Therefore, arguments are canvassed by petitioner that Judicial Magistrate, 1st Class, Giridih, has no power to extend judicial custody of petitioner.