Satendra Kumar Choudhary v. the State of Jharkhand
Case brief
What is this about?
The High Court quashed a cognizance order under Sections 323/341 IPC because the lower court's order sheet lacked the Presiding Officer's signature and the date of the complainant's solemn affirmation, rendering the order invalid and the cognizance premature.
What did the court decide?
The cognizance order dated 14.05.2019 is set aside; the matter is remitted to the Judicial Magistrate, 1st Class, Rajmahal to pass a fresh order.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 391 of 2020
- Satendra Kumar Choudhary, aged about 50 years, S/o Late Rajendra Pd. Choudhary
- Amrendra Narayan Choudhary, aged abuot 47 years, S/o Late Rajendra Pd. Choudhary Both R/o Barharwa Bazar, P.O. & P.S. Barharwa, District- Sahibganj (Jharkhand) … Petitioners
- -Versus-
- The State of Jharkhand
- Dr. Herold Hansda, S/o Shel Charan Hansda, R/o Near Girls High School Road, Kushwahha Tolla (Rattanpur), P.O. & P.S. Barharwa, District- Sahibganj (Jharkhand) … Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners : Mr. Pankaj Kumar, Advocate For the Opposite Party-State : Mr. P.D. Agrawal, Spl.P.P.
08/18.04.2022. Heard Mr. Pankaj Kumar, learned counsel for the petitioners and
Issues for consideration
3 issues framed by the court
Whether an order passed by a court without signature is valid?
Whether cognizance can be taken without proper recording of solemn affirmation?
Whether a non-signature renders the impugned order void and liable to be set aside?
Parties & counsel
- petitioner
Satendra Kumar Choudhary and Amrendra Narayan Choudhary
- respondent
State of Jharkhand and Dr. Herold Hansda
Coram
Sanjay Kumar Dwivedi
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- Cr.M.P./391/2020
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