High Court set aside an impugned order taking cognizance in a criminal case due to blank space suggesting non-application of judicial mind and remitted the matter for fresh order.
Impugned order of cognizance dated 4.7.2016 is set aside and matter is remitted to lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND, RANCHI Cr.M.P. No. 2398 of 2013
----
1.Moin Anwar
2.Moiz Anwar
3.Saina Perween @ Snaina Perween 4.Pravez Alam @ Md. Pravez Alam .... Petitioners -- Versus -- The State of Jharkhand and Another .... Opposite Parties
---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners :- Mr. Nilesh Kumar, Advocate For the State :- Mr. Jitendra Pandey, Advocate For the O.P.No.2 :- Mr. Hadish Ansari, Advocate ----
12 /07.11.2023 Heard learned counsel for the petitioners, learned counsel for
the respondent State and the learned counsel appearing on behalf of the
O.P.No.2.
2
affixed by the vendor an attempt was made by rectifying it but he did not materialize and therefore a fresh sale deed was executed after two days by the mother of the informant in favour of these petitioners wherein the informant himself was the identifier. After two years the case was lodged on the allegation that the deed of cancellation of the first sale deed was to be executed but in place of it, a fresh sale deed has been executed and thereby the petitioners and other accused persons committed offence of forgery as well as cheating but this assertion in view of the fact that the informant himself was the identifier cannot be accepted. Moreover, the petitioners cannot be said to have committed any offence either of cheating or of criminal breach of trust. He submits that if any case is made out is of civil in nature. He further submits that order taking cognizance is not in accordance with law.
( Sanjay Kumar Dwivedi, J.)
SI/,
3 issues framed by the court
Whether the High Court can set aside an order taking cognizance in a criminal proceeding due to non-application of judicial mind.
Whether a fresh order must be passed by the lower court to comply with legal requirements.
Whether disputes of fact require detailed trial before the High Court can intervene at this stage.
Moin Anwar
Moiz Anwar
Saina Perween
Pravez Alam
The State of Jharkhand
Opposite Party No. 2
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
