On 9 April, 2009, the learned Chief Judicial Magistrate took cognizance on the basis of the charge-sheet filed by the CID on 31 March, 2009 against accused-Gupteshwar Singh for the offences punishable under Section 302 read with Section 34 of the IPC and Section 27 of the Arms Act. The learned counsel appearing for the appellants submitted that the issue which arose in the case of Nupur Talwar (supra) was 1 (2012) 2 SCC 188 2 completely different. The order dated 3 November, 2009, amounts to modification of the earlier order dated 9 April, 2009, which was not permissible as there is no power conferred on the learned Judicial Magistrate to modify earlier order of taking cognizance. The impugned order dated 20 March, 2023 of the High Court is set aside and the impugned order dated 3 November, 2009 passed by the learned Chief Judicial Magistrate is hereby quashed and set aside. Subject to what is observed above, the Appeal is allowed.
Case Title: RAMAKANT SINGH Vs. THE STATE OF JHARKHAND
Case Number: Crl.A. No.-003484-003484 / 2023
