Allowed

Jagan Sao Alias Jag Narayan Sao v. the State of Jharkhand

Jharkhand HC1 Dec 2020Cr.M.P./1221/2020

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What is this about?

The High Court set aside an order granting cognizance for offences under IPC 420 and Section 7 of the Essential Commodities Act. The judgment held that the order was non-speaking as it failed to identify the violated control order, remitting the matter for a fresh order as per the case of Amresh Kumar Dhiraj and Ors.

What did the court decide?

Impugned order dated 29.03.2019 set aside; matter remitted to court below to pass a fresh order.

Jagan Sao Alias Jag Narayan Sao Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 1221 of 2020

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Jagan Sao @ Jag Narayan Sao ...Petitioner(s).

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-versus-

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The State of Jharkhand … Opp. Party(s) CORAM : HON'BLE MR. JUSTICE ANANDA SEN . Through: Video Conferencing

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-----For the Petitioner(s) : Mr. Avishek Prasad, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P.

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05/01.12.2020: In this application, petitioner has challenged the order dated 29.03.2019 by which cognizance of offence under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act has been taken, and thereafter, the petitioner has been summoned.

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Counsel for the petitioner submits that the order is absolutely vague and cryptic and also nothing has been mentioned as to what are the materials to proceed against him. He submits that there is no material against him. He submits that even if allegations are taken to be true, the recovery of 643 bags of rice will not make out a case under Section 7 of the Essential Commodities Act to proceed against the petitioner. He submits that the nowhere it has been mentioned as to which control order has been violated to attract the provisions of Section 7 of the Essential Commodities Act. He further submits that role of the petitioner has also not been mentioned, thus, the order is absolutely non-speaking.

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Learned A.P.P. submits that 643 bags of rice was found from the possession of this petitioner.

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From the impugned order, I find that nothing has been mentioned as to which control order has been violated to attract the provisions of Section 7 of the Essential Commodities Act.

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Considering the aforesaid fact and in view of the judgment passed by this Court in the case of Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand & Anr., reported in 2020 (1) JLJR 199(Jhr), the impugned order dated 29.03.2019 passed by the court below, is hereby, set aside. The matter is remitted to the court below to pass a fresh order in accordance with the provision of law.

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Accordingly, this criminal miscellaneous petitioner stands allowed.

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(ANANDA SEN, J.)

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Rajnish/C.P.3

Jagan Sao Alias Jag Narayan Sao v. the State of Jharkhand

Case brief

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What did the court decide?

Jagan Sao Alias Jag Narayan Sao v. the State of Jharkhand

Case brief

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