Allowed

Ashim Imam And Ors. v. The State Of Jharkhand And Ors.

Jharkhand HC13 Jan 2020Cr.M.P./174/2017

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AI extract

What is this about?

This court allowed a petition to quash a non-speaking order of cognizance under Section 190 Cr.P.C. for an offence under Section 188 IPC. The court set aside the impugned order dated 28.01.2016, finding it lacked subjective satisfaction and required materials, directing a fresh order.

What did the court decide?

The impugned order dated 28.01.2016 is set aside and the court below is directed to pass a fresh order.

Ashim Imam And Ors. Vs The State Of Jharkhand… — Criminal Trial and Appeal | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M.P. No. 174 of 2017

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Ashim Imam

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Ale Nabi Khan 3. Md. Shahnawaz alam…..…....... Petitioners Versus State of Jharkhand & Ors………… Opp. Parties

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Coram: Hon’ble Mr. Justice Ananda Sen

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…… For the Petitioner : Md. Razaullah Ansari, Advocate For the State : A.P.P.

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8/13.01.2020 Pursuant to the order dated 06.01.2020, this case has been listed

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today under the heading for Orders.

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Heard the parties.

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In this application, the petitioners pray for quashing the entire criminal proceedings including the order dated 28.01.2016, by which cognizance has been taken against them.

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Learned counsel for the petitioner submits that the cognizance order is absolutely bad and is a non-speaking order and does not reflect any subjective satisfaction as to what are the materials to take cognizance against these petitioners. He submits that what are the materials to proceed against these petitioners and how the offence under Section 188 IPC is made out, has also not been mentioned.

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After going through the record, I find that the Court below has taken cognizance of the offence under Section 188 of the Indian Penal Code. What are the materials against the petitioners in the impugned order have not been mentioned. In a most mechanical way, the impugned order has been passed. This Court in the case of “ Amresh Kumar Dhiraj & Ors.versus- State of Jharkhand & Ors, reported in 2020 (1) JLJR 199 ”, has passed the detailed order discussing the provisions and requirement of order under Section 190 & 204 Cr.P.C. The impugned order is not in consonance with the aforesaid order.

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In view of the aforesaid facts, I find that the order dated 28.01.2016 is not in consonance with the provisions as laid down, thus, this application stands allowed. The impugned order dated 28.01.2016 is, hereby, set aside. The court below is directed to pass a fresh order in accordance with the provisions of law.

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This criminal miscellaneous petition stands allowed.

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( Ananda Sen, J )

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Mukund/-cp.3

Ashim Imam And Ors. v. The State Of Jharkhand And Ors.

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Ashim Imam And Ors. v. The State Of Jharkhand And Ors.

Case brief

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