The High Court held that an order taking cognizance cannot be quashed solely on the ground of insufficient material. The court disposed of the application with liberty to raise these points at the stage of discharge.
Application dismissed with liberty to raise points at the stage of discharge.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.1242 of 2012
Ranvijay Singh … … Petitioner Versus The State of Jharkhand & Anr. … … Opp. Parties
CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. Atanu Banerjee, Advocate For the State : APP
02/11.09.2012: The order taking cognizance is being sought to be quashed on
the ground that the material against the petitioner is so insufficient, that charges cannot be sustained but that ground is not tenable for quashing of the order taking cognizance.
Accordingly, this application is disposed of, giving liberty to the petitioner to raise all these points, which have been raised in this application, at an appropriate stage i.e. the stage of discharge.
(R.R. Prasad, J.)
Ravi/
3 issues framed by the court
Whether the order taking cognizance can be quashed on the ground of insufficiency of material.
Whether liberty is granted to raise points of material insufficiency at the stage of discharge.
Whether the application for quashing the order taking cognizance should be disposed of with liberty to file fresh application.
Ranvijay Singh
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
