IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52204 of 2007 RINKU SINGH @ SUSHIL KUMAR SINGH, SON OF KAMTA PRASAD SINGH, RESIDENT OF VILLAGE-KALER, P.S. MAGADH MEDICAL COLLEGE, DISTRICT-GAYA…………………………………..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. OM PRAKASH SINGH, SON OF LATE JAGDEO SINGH, VILLAGE- KALER, P.S. MAGADH MEDICAL COLLEGE, DISTRICT-GAYA. ………………………………………………………OPPOSITE PARTIES. ----------- For the Petitioner : M/s. Rajesh Kumar Singh and Vivekanand Singh No.I, Advocates. For the State : Mr. Arun Kumar Singh, A.P.P. For O.P. No.2 : M/s. Amrit Abhijat and Subesh Sharma, Advocates. ---------------- 3. 04.02.2009. The sole F.I.R. named accused of Magadh Medical College P.S. Case No.69 of 2006 has preferred this application for quashing of the order dated 12.10.2007 passed therein by the learned Chief Judicial Magistrate, Gaya, whereby he has taken cognizance of the offences punishable under Sections 365 and 368 I.P.C. The prosecution case is based on the written report submitted on 16.9.2006 by the informant, Om Prakash Singh, impleaded herein as O.P. No.2, who alleged therein, inter alia, that at about 8 A.M. on 30.7.2006 his wife, Hemanti Devi, a mother of 3 minor children, had deceitfully been lured away by the petitioner with whom she had an illicit relationship. It is also alleged that she had taken away Rs.15,000/-. The informant claims to have searched for her at various places but without any success. Eventually he learnt that the couple were hiding somewhere. She was finally located in - 2 - village –Kalu in the house of one of his neighbours. Assailing the impugned order, the learned counsel for the petitioner submitted that the learned Magistrate while taking cognizance had failed in his duty to apply his judicial mind by not taking into account the statement of the victim girl made under Section 164 Cr.P.C. and has relied more on the supervision notes of the D.S.P. and of the S.P.Gaya. It is by now well settled that neither the courts nor the parties can place reliance on the supervision notes of the superior authorities since it is a confidential correspondence between the supervising authority and the I.O. In that sense of the matter the over reliance on the supervision notes of the D.S.P. and S.P. by the cognizance taking Magistrate cannot be appreciated. On the contrary, the victim girl in her statement under Section 164 Cr.P.C. has clearly stated the reasons of her fleeing the matrimonial home and the torture and cruelty that she had been subjected to by her husband. Confessions falling under Section 164 Cr.P.C. are recorded under great precautions and should, therefore, obviously carry more weight than any other statement made not in accordance with the provisions of Section 164 Cr.P.C. To my mind, the learned Magistrate ought to have placed more reliance on the confessional statement of the victim girl in the face of the allegations made by her against her husband who happens to be the informant of the case. - 3 - In the result, while allowing the application and quashing the impugned order , the matter is remitted back to the court concerned for passing orders afresh in respect of taking cognizance by assigning reasons as to why more reliance was placed on the supervision notes and the statement of the victim girl under Section 164 Cr.P.C. was ignored. P.S. (Abhijit Sinha,J)