This Court dismissed a criminal reference regarding a non-speaking cognizance order dated 25.07.2019. The judgment held that the order failed to meet statutory requirements under Sections 190 and 204 Cr.P.C. and was set aside.
The impugned order dated 25.07.2019 passed by the court below is set aside and remitted to pass a fresh order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No. 2407 of 2020
Tara Devi …. …. Petitioner(s). Versus State of Jharkhand …. …. Opposite Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
-----FOR THE PETITIONER(S) : Mr. Anil Sinha, Advocate FOR THE STATE : Mr. Vijay Kumar Sinha, APP ------
02/07.12.2020
Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Petitioner has confined his prayer only to the order dated 25.07.2019 by which cognizance of the offence punishable under Section 447, 420, 353/34 IPC has been taken and summon has been issued.
Learned counsel for the petitioner submits that the cognizance order is absolutely bad and is a non-speaking order. He submits that the requirements of Sections 190 & 204 Cr.P.C has not been dealt with in the impugned order. He is relying upon the judgment of this Court in the case of Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand &Anr. , reported in 2020 (1) JLJR 199.
After going through the record, I find that the order is absolutely cryptic and non-speaking and is not in conformity with 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. What are the materials against the petitioner to proceed, has also not been mentioned. Thus, the impugned order dated 25.07.2019 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.
This criminal miscellaneous petition stands allowed.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether a non-speaking cognizance order under Section 447, 420, 353 read with Section 34 IPC satisfies the requirements of Sections 190 and 204 Cr.P.C.
Colour shows how this judgement treated each authority
Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand &Anr.Referred¶9
Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand &Anr., 2020 (1) JLJR 199.
2 provisions across 1 enactments
Tara Devi
State of Jharkhand
ANANDA SEN
anjali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
