Sanatan Mahato Alias Pradhan v. State Of Jharkhand
2019-01-16
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioner is aggrieved of the order taking cognizance dated 04.07.2017. 2. Various plea have been raised by the petitioner; one of the plea raised is that while taking cognizance of the offence for which the police has not submitted charge-sheet, the learned Magistrate is under a duty in law to give reasons. Another plea raised by the petitioner is that the allegations levelled in the written report dated 30.01.2017 do not constitute any offence under the SC/ST (Prevention of Atrocities) Act, 1989. 3. The learned counsel for the petitioner submits that for commission of an offence under the SC/ST (Prevention of Atrocities) Act, 1989 if allegations are not levelled in the written report, however, during the investigation if the complainant and/or witnesses have improved their statement the trial Judge, on a careful reading of the materials brought on record, can refuse to take cognizance of such offence. 4. Faced with the difficulty that at this stage statements of the witnesses recorded under section 161 Cr.P.C. are not supplied to the accused- petitioner and, thus, he cannot establish the plea sought to be raised by the petitioner in the present proceeding, after arguing for some time, Mr. Kaushik Sarkhel, the learned counsel for the petitioner seeks permission to withdraw this quash-petition with liberty to the petitioner to raise all such plea which are available to him in law, at the appropriate stage including the one for discharge. 5. In view of the limited prayer made on behalf of the petitioner, without commenting upon the merits of the matter, Cr. M.P. No.882 of 2018 stands withdrawn with liberty to the petitioner, as prayed for. However, it is hereby made clear that withdrawal of this quash-petition shall not prejudice the petitioner in any proceeding in connection to SC/ST No.47 of 2017.