Allowed

Sourendra Nath Roy Alias Hari Nath Roy v. the State of Jharkhand and Anr.

Jharkhand HC10 May 2023Cr.M.P./2274/2014

Case brief

AI extract

What is this about?

This petition filed by Sourendra Nath Roy sought quashing of a criminal cognizance order in connection with a cheating case. The High Court of Jharkhand, while finding the cognizance order defective for lack of prima facie material disclosure, set it aside and remanded the matter for a fresh order in accordance with Amresh Kumar Dhiraj.

What did the court decide?

The order taking cognizance dated 07.12.2013 is set aside and the matter is remitted to the learned Magistrate to pass a fresh order.

Sourendra Nath Roy Alias Hari Nath Roy Vs the State… — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 2274 of 2014

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Sourendra Nath Roy @ Hari Nath Roy ..... … Petitioner Versus 1. The State of Jharkhand. 2. Alok Kumar Biswas ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----For the Petitioner : Mr. S.P. Sinha, Advocate. For the State : Mr. V.S. Sahay, A.P.P. For the O.P. No. 2 : Mr. Ajay Kumar Sah, Advocate. ------

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08/ 10.05.2023 This petition has been filed for quashing of the order taking cognizance dated 07.12.2013, by which, cognizance for the offence under Sections 420 and 406 of IPC has been taken against the petitioner, in connection with C.P. Case No. 2144 of 2013, pending in the court of learned Judicial Magistrate, 1^st Class, Dhanbad.

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Learned counsel appearing for the petitioner submits that O.P. No. 2 has maliciously filed the complaint case against the petitioner. He further submits that one title suit has also been filed by the O.P. No. 2 and for civil wrong, criminal case has been filed.

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On the other hand, learned counsel appearing for the O.P. No. 2 submits that after taking the consideration amount, sale deed was not executed in favor of the O.P. No. 2 that’s why the case has been filed, as the criminality is made out.

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Learned A.P.P. for the State submits that the learned court has rightly taken the cognizance.

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In view of the above submissions of the parties, the court has gone through the order taking cognizance dated 07.12.2013 and finds that the same is not in accordance with law, as what are the materials are there for making out a case under Section 420 IPC has not been reflected in the said order, in view of the fact that title suit has also been filed for the same allegation on the basis of a contract. There is no doubt, for taking cognizance, a detailed order is not required, however, prima facie materials are required to be disclosed in the cognizance order, as has been held by this court in the case of Amresh Kumar Dhiraj & Ors. Versus State of Jharkhand & Anr. , reported in (2020) 1 JLJR 199 (Jhr), which is lacking in the case in hand,

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Accordingly, the order taking cognizance dated 07.12.2013, by which, cognizance for the offence under Sections 420 and 406 of IPC

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-2-

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has been taken against the petitioner, in connection with C.P. Case No. 2144 of 2013, pending in the court of learned Judicial Magistrate, 1^st Class, Dhanbad, is hereby, set aside. The matter is remitted back to the learned concerned court to pass a fresh order on the point of cognizance in accordance with law.

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Accordingly, this petition is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Amitesh/-

Sourendra Nath Roy Alias Hari Nath Roy v. the State of Jharkhand and Anr.

Case brief

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Sourendra Nath Roy Alias Hari Nath Roy v. the State of Jharkhand and Anr.

Case brief

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