Single judge quashed and set aside an order rejecting a discharge application due to paucity of reasons and lack of proper appreciation of evidence.
Impugned order dated 20.06.2017 quashed; matter remanded to the learned Judicial Magistrate, Ranchi to pass a fresh order within 4 weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1143 of 2017
1.Nand Lal Sahu @ Nand Lal Prasad
2.Binod Sahu @ Binod Kumar Sahu @ Binod Kumar… Petitioners
Versus
1.The State of Jharkhand
2.Rameshwar Sahu … … Opposite Parties
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioners : Mr. Amresh Kumar, Advocate For the Opposite Party No. 2 : Mr. Nilesh Kumar, Advocate
3/13.08.2018 Heard Mr. Amresh Kumar, learned counsel for the petitioners and Mr. Nilesh Kumar, learned counsel for the opposite party no. 2.
This application is directed against the order dated 20.06.2017 passed by the learned Judicial Magistrate, Ranchi in Complaint Case No. 2677 of 2008 by which the discharge application preferred by the petitioner has been rejected.
It appears from the perusal of the impugned order dated 20.06.2017 that reference has been made to the submissions advanced by the respective parties and without proper appreciation of the evidence of before charge witnesses and without assigning any reasons, the order dated 20.06.2017 has been passed. Since the impugned order suffers from paucity of reasons, the same is hereby quashed and set aside and the matter is remanded back to the learned Judicial Magistrate, Ranchi to pass a fresh order in accordance with law after proper appreciation of the materials available on record.
The exercise indicated above should be completed within a period of 4 weeks from the date of receipt/production of a copy of this order.
This application stands disposed of with the aforementioned observations and directions.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the order of the learned Judicial Magistrate lacks proper appreciation of evidence and reasons?
Nand Lal Sahu
Binod Sahu
The State of Jharkhand
Rameshwar Sahu
Rongon Mukhopadhyay
As recorded by the court registry
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