Research › Search › Judgment

Jharkhand High Court · body

2016 DIGILAW 1090 (JHR)

Gangia W/o Late Kailu Sah v. State of Jharkhand

2016-07-19

RONGON MUKHOPADHYAY

body2016
ORDER : Heard Mr. Ashish Jha, learned counsel for the petitioners and Mr. Sudhanshu Kumar Deo, learned A.P.P. for the State. 2. This application is directed against the order dated 27.08.2015 passed by the S.D.J.M. in Borio (J) P. S. Case No. 300 of 2013 corresponding to G. R. No. 657 of 2013 by which the application preferred by the petitioners for their discharge had been rejected. 3. It has been submitted that on the allegation of black marketing of 100 litres of kerosene oil, petitioners were made accused merely because they are the Secretary and the Treasurer of “Maa Bhagwati Devi Swayam Sahayata Samooh”, but subsequently in course of investigation allegations were found to be false which led to submission of final form against him, but without assigning any reason, the learned Magistrate had taken cognizance and also summoned the petitioners to face the trial. It has further been submitted that in the investigation, there is not even a whisper of involvement of the petitioners, but without properly appreciating the contents of the case diary, the learned Magistrate has rejected the discharge application preferred by the petitioners on 27.08.2015. It has been submitted that in absence of any allegation or any complicity of the petitioners in the alleged black marketing of 100 litres of kerosene oil, the impugned order is liable to be set aside and the petitioners be discharged from the criminal case instituted against them. 4. Mr. Sudhanshu Kumar Deo, learned A.P.P. has referred to various paragraphs of the case diary namely, paragraph nos. 7, 8, 9, 20, 21 & 22; but has stated that there is no whisper or allegation against the petitioners of involvement in the commission of the offence. It has been submitted that after investigation, the allegation was found to be true against one Ajit Kumar Sah against whom charge-sheet has been submitted by the police. 5. It appears from the FIR that on information an Auto bearing registration no. JH-18C/0745 was apprehended with 100 litres of kerosene oil. It has been alleged in the FIR that the seized kerosene oil was to be sold in the black market. 5. It appears from the FIR that on information an Auto bearing registration no. JH-18C/0745 was apprehended with 100 litres of kerosene oil. It has been alleged in the FIR that the seized kerosene oil was to be sold in the black market. Although, in the FIR the petitioners have been named along with the President of “Maa Bhagwati Devi Swayam Sahayata Samooh” and her husband, but in course of investigation as would be evident from the case diary not a single witness has supported the involvement of the petitioners. In fact even in the cognizance taking order dated 27.08.2015 without assigning any reason and without taking into consideration the fact that the petitioners have not been sent up for trial, cognizance was taken and they were summoned. Impugned order dated 27.08.2015 virtually refers the same paragraphs which formed the opinion of learned Magistrate at the time of taking cognizance. Although from the case diary, it appears that there is no connection or no mention about the complicity of the petitioners. The impugned order therefore seems to have been passed without properly appreciating the contents of the case diary and the statements of the witnesses who were examined under Section 161 of Cr.P.C. 6. Since in course of investigation, the offence as alleged was not found to be proved against the petitioners and in absence of any allegation or complicity of the petitioners in course of the investigation, the petitioners cannot be unnecessarily made to face rigors of trial. Accordingly, in view of the discussions made hereinabove, this application is allowed. The impugned order dated 27.08.2015 passed by the S.D.J.M. in Borio (J) P. S. Case No. 300 of 2013 corresponding to G. R. No. 657 of 2013 is hereby set aside and the petitioners are discharged from the criminal cases foisted upon them. 7. This application stands allowed.