Quashed

Baski Nath Bhagat v. the State of Jharkhand

Jharkhand HC8 Oct 2020Cr.M.P./985/2020

Case brief

AI extract

What is this about?

The High Court held that an order issuing summons without recording material sustaining the offence is a non-speaking order and violates the Code of Criminal Procedure. The order was quashed under Section 482 CrPC, following Amresh Kumar Dhiraj.

What did the court decide?

Quashed the impugned order dated 22.10.2019 and remanded the matter to the lower court to proceed afresh and record materials on record before passing a proper order.

Baski Nath Bhagat Vs the State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 985 of 2020

¶2

----

¶3

Wasukinath Bhagat

¶4

Sunil Kumar Karmakar … Petitioners

¶5

-versus-

¶6

The State of Jharkhand … Opposite Party

¶7

¶8

CORAM : HON’BLE MR. JUSTICE ANANDA SEN THROUGH VIDEO CONFERENCING

¶9

¶10

For the Petitioners : Mr. Sudhanshu Shekhar Choudhary, Advocate For the State: A.P.P.

¶11

---04/ 08.10.2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11.00 a.m. They have no complain in respect to the audio and video clarity and quality.

¶12

2. This case was listed/supposed to be listed before the Lawazima Board for passing an order in respect of the defects, pointed out by the Office.

¶13

3. Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their Clerks in the Court, this Court felt proper to get all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before this Court directly.

¶14

4. Case number be read as Cr. M.P. No.985 of 2020 in place of Cr. M.P. No.985 of 2019. Further the pending Court be read as Judicial Magistrate First Class, Rajmahal in place of Judicial Magistrate First Class, Sahebganj. Name of the petitioner No.1 should be read as Wasukinath Bhagat and petitioner No.2 should be read as Sunil Kumar Karmakar. Office to carry out necessary corrections. The defects stand ignored.

¶15

5. The petitioner, in this criminal miscellaneous petition, has challenged the order dated 22.10.2019 passed by the Judicial Magistrate First Class, Rajmahal in Barharwa Police Station Case No. 45 of 2019 (G.R. No. 261 of 2019), whereby, after taking cognizance of the offence under Sections 370(A) of the Indian Penal Code and Sections 3/4/5/6/7/8 of the Immoral Traffick (Prevention) Act summons have been issued.

¶16

6. Learned Counsel appearing for the petitioners submits that the impugned order is absolutely cryptic and non-speaking. He submits that the

¶17

-: 2 :-

¶18

Court below, while passing the impugned order has not mentioned anything as to what are the materials to issue summons to the petitioners.

¶19

7. After going through the order impugned, I find that the said order is a non-speaking one and does not reflect as to what are materials collected during investigation so as to summon the petitioners. The impugned order is absolutely cryptic and non speaking order. 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.

¶20

8. In view of the aforesaid facts, I find that the impugned order is prima facie bad, having been passed without recording any material which is against the petitioners so as to proceed against them. Since the impugned order is not in consonance with the provisions of the Code of Criminal Procedure and the law laid down in the case of Amresh Kumar Dhiraj (supra) , exercising jurisdiction under Section 482 of the Code of Criminal Procedure, I hereby quash and set aside the impugned order dated 22.10.2019 passed by the Judicial Magistrate First Class, Rajmahal in Barharwa Police Station Case No.45 of 2019 (G.R. No. 261 of 2019). The matter is remanded to the Court below for proceeding afresh and passing order in accordance with the provisions of law after taking into consideration the materials on record.

¶21

9. This criminal miscellaneous petition is, accordingly, allowed.

¶22

(Ananda Sen, J.)

¶23

Kumar/Cp-03

Baski Nath Bhagat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Baski Nath Bhagat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr Captain Vidya Binod Prasad Vs the State of Jharkhand through the Deputy Commissioner

Madhurendu Bhushan Kumar Singh Vs the State of Jharkhand

Neyaz Ahmad Vs the State of Jharkhand

MD Muzammil Hussain Vs the State of Jharkhand

Shakil Ahmad Alias Sakil Ahmad Khan Vs the State of Jharkhand

Sanaullah Ansari Vs the State of Jharkhand