This criminal miscellaneous petition challenged an order dated 23.08.2018 for taking cognizance and issuing summons without recording any material. The single judge held the order cryptic and non-speaking and quashed it.
The impugned order dated 23.08.2018 is quashed and set aside and the matter is remanded to the Court below for proceeding afresh.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 24 of 2020
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-versus-
The State of Jharkhand … Opposite Party ----
CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioners : Mr. Kaustav Panda, Advocate For the State : Mr. Suraj Verma, A.P.P.
4/ 02.03.2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
2. Petitioners have challenged the order dated 23.08.2018 passed by the Judicial Magistrate 1st Class, Jamshedpur in Bodam Police Station Case No.35 of 2018 (G.R. No.1660 of 2018), by which cognizance of the offence under Sections 4/12 of the Mines and Minerals (Regulation and Development) Act and Sections 30 and 54 of the Jharkhand Minor Mineral Concession Rules has been taken and thereafter summons were issued.
3. Counsel for the petitioner submits that the impugned order dated 23.08.2018 is absolutely vague, cryptic and non-speaking. He submits that the impugned order does not reflect any satisfaction and further what are the materials to summon these petitioners have also not been mentioned. He submits that the impugned order has been passed without following the provisions of law. He submits that the impugned order has been passed only by filling certain blanks. He submits that thus the impugned order is liable to be quashed and set aside.
4. After hearing the parties and after going through the impugned order dated 23.08.2018, I find that cognizance has been taken for the offence under Section 4/12 of the Mines and Minerals (Regulation and Development) Act and Sections 30 and 54 of the Jharkhand Minor Mineral Concession Rules and thereafter summons have been issued against the petitioners. There is nothing in the impugned order as to what are the materials against the petitioners so as to proceed against them. The
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impugned order has been passed only by filling certain blanks. This Court in the case of Amresh Kumar Dhiraj and Others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr.) has passed a detailed order discussing the provisions of issuing process under Section 204 of the Code of Criminal Procedure and order taking cognizance. The impugned order is not in consonance with the aforesaid order.
5. In view of the aforesaid facts, I find that the impugned order is a cryptic and non-speaking one, without recording any material against the petitioner so as to proceed against him. Thus, the order is not in consonance with the provisions of the Code of Criminal Procedure. Accordingly, the impugned order dated 23.08.2018 passed by the Judicial Magistrate, Jamshedpur in Bodam Police Station Case No.35 of 2018 (G.R. No.1660 of 2018) is hereby quashed and set aside. The matter is remanded to the Court below for proceeding afresh and passing an order in accordance with the provisions of law after taking into consideration the materials on record.
6. This criminal miscellaneous petition is, accordingly, allowed.
( Ananda Sen, J.)
Kumar/Cp-03
2 issues framed by the court
Whether an order taking cognizance by filling blanks without recording any material is a non-speaking order violative of law
Whether the impugned order dated 23.08.2018 is liable to be quashed and set aside
Colour shows how this judgement treated each authority
Amresh Kumar Dhiraj and Others versus State of Jharkhand & AnotherRelied on¶17
_Amresh Kumar Dhiraj and Others versus State of Jharkhand & Another_ reported in _2020 (1) JLJR 199 (Jhr.)_
4 provisions across 3 enactments
Amitava Sen @ Amitabh Sen and Others
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
