The petitioner challenged the criminal complaint simplicitor. The court held that a complaint cannot be independently challenged absent an order taking cognizance, holding the petition unchallengeable on its current terms.
The criminal miscellaneous petition is dismissed, with direction to challenge the order of cognizance and summoning if aggrieved.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 254 of 2020
Samim Akhtar…..…....... Petitioner(s)
Versus State of Jharkhand & Anr………… Opp. Party(s)
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Anuj Kumar Trivedi, Advocate For the State : A.P.P.
2/04.02.2020 In this application, the petitioner has challenged the complaint.
This Court feels that the complaint simplicitor cannot be challenged. There is nothing on record to suggest as to whether cognizance has been taken or not.
Counsel for the petitioner submits that the cognizance has been taken, but from the prayer portion I find that there is no prayer to quash the order taking cognizance. What has been challenged in this case is only the complaint.
Since there is no scope of challenging the complaint, this criminal miscellaneous petition is dismissed.
The petitioner if aggrieved can challenge the order taking cognizance and summoning order.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether a complaint simplicitor, without an order taking cognizance, can be challenged in a criminal miscellaneous petition.
Samim Akhtar
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
