Petitioners sought quashing of criminal proceedings and cognizance order for alleged IPC and E.C. Act offences. The court found the cognizance order cryptic and lacking factual basis, applying Amresh Kumar Dhiraj to quash it.
Cognizance order set aside; criminal miscellaneous petition allowed in part and matter remitted.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2007 of 2021
The State of Jharkhand ..... … Opposite Party
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----For the Petitioners : Mr. Saurabh Shekhar, Advocate. For the State : Mr. Abhishek Singh, A.C. to G.A.-V.
the petitioners and Mr. Abhishek Singh, learned A.C. to G.A.-V, appearing for the State.
3 . By filing this petition, petitioners have prayed to quash the entire criminal proceeding including the first information report, being Golmuri P.S. Case No. 127 of 2020 dated 19.09.2020 and also the order taking cognizance dated 30.01.2021, passed by the learned Sub-Divisional Judicial Magistrate, Jamshedpur.
There is also no whisper as to what are the materials to
proceed against the petitioners. This Court in the case of Amresh Kumar Dhiraj (supra) has laid down the law as to how the petitioners have to be summoned and what are the facts, the court has to consider while issuing summon to the petitioners. This Court held that in a most mechanical manner, a person cannot be summoned. Summoning a person cannot be done in a routine and mechanical manner.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
1 issue framed by the court
Whether the order taking cognizance is mechanical, cryptic, and non-speaking attracting quashment.
Colour shows how this judgement treated each authority
Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand & Anr.Applied¶15
2020 (1) JLJR 199(Jhr)
2 provisions across 2 enactments
Sanjay Mohnani and Deepak Mohnani
The State of Jharkhand
SANJAY KUMAR DWIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
