High Court of Jharkand quashed a non-speaking cognizance order under Sections 420, 506 and 34 IPC against petitioners, remitting the matter for a detailed order as it failed to reflect prima facie materials.
The impugned order taking cognizance dated 03.09.2016 is set aside; matter remitted to the concerned court to pass a fresh order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1238 of 2017
is not required, however, what are the prima facie materials are there must be reflected in the said order, which is lacking in the case in hand.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
2 issues framed by the court
Whether the order taking cognizance is bad in law for failing to reflect prima facie materials against the petitioners.
Whether the High Court can quash criminal proceedings on the ground that the lower court order lacks reasoning on prima facie evidence.
Nimai Gope @ Nimai Gop
Lakhan Gope @ Lakhan Gop
The State of Jharkhand
SANJAY KUMAR DWIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
