Single judge quashed an order of cognizance passed by Judicial Magistrate as it was based on a false assumption that a charge sheet evidencing guilt existed, remanding the matter to reconsider.
Cognizance order dated 04.09.2021 set aside; matter remitted to consider charge sheet afresh.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 1467 of 2022
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1.Ashish Bhaduri, aged about 58 years, s/o Dilip Kumar Bhaduri, P.O. Bara Agrico, P.S Sidgora, Town Jamshedpur, District East Singhbhum, Jharkhand 2.Arvind Kumar Singh @ Arbind Kumar, aged about 48 years, s/o Kamta Prasad Singh, PO Bara Agrico, P.S. Sidgora, Town Jamshedpur District East Singhbhum, Jharkhand
3.Pankaj Mishra, aged about 27 years, s/o Chandra Narayan Mishra, PO Bara Agrico, PS Sidgora, Town Jamshedpur, District East Singhbhum, Jharkhand ….. Petitioners
-- Versus --
1.The State of Jharkhand
2.Deepak Kumar Jha, s/o Subhash Jha, residing at Qr. No.130/B Road No.4, Bagan Area, PO Agrico, P.S. Sidgora, Town Jamshedpur, District East Singhbhum, Jharkhand … Opp. Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners :- Mr. A.K.Das, Advocate For the State :- Mr. Navin Kumar,Advocate For the O.P.No.2 :- Mr. Mukesh Kumar Dubey, Advocate
/03.11.2022 Heard Mr. A.K.Das, the learned counsel for the petitioners, Mr. Mukesh Kumar Dubey, the learned counsel for the O.P.No.2 and Mr.Navin Kumar, the learned counsel for the respondent State.
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This petition has been filed for quashing of the entire criminal proceedings in connection with Sidgora P.S.Case No.174 of 2020 corresponding to G.R. No.1769 of 2021, including the order dated 04.09.2021 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur whereby cognizance has been taken pending in the court of learned Judicial Magistrate 1st Class, Jamshedpur.
Mr. Das, the learned counsel for the petitioners submits that the O.P.No.2 was the employee of M/s Tata Blue Scope Steel Limited and tendered his resignation through e-mail which was accepted and after two years of resignation he has filed the F.I.R which was investigated by the police and the charge sheet has been submitted whereby the petitioners have not been sent up for trial. He submits that the learned court has taken cognizance on assumption that the charge sheet has been submitted is true against the petitioners.
The learned counsel for the O.P.No.2 submits that there is
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allegation in paragraph no.4 of the complaint petition against the petitioner.
In view of the above submissions of the learned counsels appearing for the parties, looking to the charge sheet contained at Annexure-2 it transpires that the police submitted charge sheet saying that the case is not found to be true against these petitioners and the learned court has taken cognizance by the impugned order dated 04.09.2021 on the assumption that the charge sheet has been submitted against these petitioners. Looking into the said order, it transpires that on the basis of the charge sheet the learned court has taken cognizance on assumption that the charge sheet has been submitted against these petitioners. The learned court is competent to take cognizance even if final form is submitted, however judicial mind is to be applied. For taking cognizance prima facie material is required to be reflected in the cognizance order which is lacking in the case in hand. It appears that the learned court on the assumption that the charge sheet has been submitted against the petitioners has taken cognizance. Thus, the order is not in accordance with law.
Accordingly, the impugned order dated 04.09.2021, in connection with Sidgora P.S.Case No.174 of 2020 corresponding to G.R. No.1769 of 2021, passed by the learned Judicial Magistrate, 1st Class, Jamshedpur whereby cognizance has been taken pending in the court of learned Judicial Magistrate 1st Class, Jamshedpur is set aside.
The matter is remitted back to the learned concerned court
to consider the charge sheet afresh and pass the fresh order.
Disposed of.
Interim order is vacated.
I.A. if any stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
1 issue framed by the court
Whether the order taking cognizance is maintainable when the charge sheet found the case not true against the petitioners.
Ashish Bhaduri and Others
State of Jharkhand
Deepak Kumar Jha
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
