Allowed

Madhu Singh Alias Mandeshwar Singh Alias Mandeshwar Prasad Singh And Ors. v. The State Of Jharkhand And Anr.

Jharkhand HC9 Jan 2024Cr.M.P./1531/2016

Case brief

AI extract

What is this about?

Petitioners sought quashing of a cognizance order passed on remand in a complaint case. The High Court held the magistrate mechanically took cognizance merely because the revisional court had remanded the matter, without applying judicial mind or disclosing materials against the petitioners.

What the court decided

AI extract

Madhu Singh Alias Mandeshwar Singh Alias Mandeshwar… — Quashing and FIR | Jharkhand HC (2024)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND, RANCHI

¶3

----

¶4

Cr.M.P. No. 1531 of 2016

¶5

----

¶6

Madhu Singh @ Mandeshwar Singh @ Mandeshwar Prasad Singh and Others .... Petitioners

¶7

-- Versus -- The State of Jharkhand and Another .... Opposite Parties

¶8

¶9

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶10

For the Petitioners	:-	Mr. Binit Chandra, Advocate
For the State	:-	Mr. Rajesh Kumar, Advocate
For the O.P.No.2	:-	Mr. Ranjan Kumar Singh, Advocate
		----

¶11

6 /09.01.2024 Heard the learned counsel for the petitioners, the learned counsel for the respondent State as well as the learned counsel appearing for the O.P.No.2.

¶12

This petition has been filed for quashing of the order dated 08.03.2016 passed in connection with P.C.R Case No.544 of 2014, T.R. No.1189 of 2015, pending before the court of learned Sub Divisional Judicial Magistrate, Godda.

¶13

The learned counsel for the petitioners submits that the complaint case being P.C.R. Case No.544 of 2014 was filed and the learned trial court has not taken cognizance by order dated 22.4.2015 and the said order was challenged before the learned revisional court in Cr. Revision No.32 of 2015 and the learned revisional court by order dated 16.09.2015 has remanded back the matter to the learned trial court to pass a fresh order in accordance with law. He submits that pursuant to that the learned court has taken cognizance and no reason has been assigned in the said order. He submits that the said order is a non-application of judicial mind.

¶14

Mr. Singh, the learned counsel appearing for the O.P.No.2 submits that the learned court has taken cognizance in view of the materials and there is no illegality in the said order.

¶15

¶16

Mr. Rajesh Kumar, the learned counsel appearing on behalf of the respondent State submits that the learned court has taken cognizance pursuant to the order of the learned revisional court.

¶17

The Court finds that admittedly the learned trial court has not taken cognizance and the complaint case was dismissed by order dated 22.04.2015 which was challenged in Cr. Revision No.32 of 2015 and the learned revisional court by order dated 16.09.2015 has remanded back the matter to the learned trial court to pass a fresh order and pursuant to that the impugned order dated 08.03.2016 was passed. In this impugned order the learned court has not disclosed what are the materials against the petitioners for taking cognizance. Once the matter was remanded back by the learned revisional court, the requirement was there to at least give the reasons for taking cognizance. Merely on the basis that the learned revisional court has remanded the matter, suo motu cognizance cannot be taken. Application of judicial mind is the parameter for taking cognizance. It appears that mechanically the said order has been passed.

¶18

Accordingly, order dated 08.03.2016 passed in connection with P.C.R Case No.544 of 2014, T.R. No.1189 of 2015, pending before the court of learned Sub Divisional Judicial Magistrate, Godda is set aside.

¶19

The matter is remitted back to the learned court concerned to pass a fresh order without being influenced by the order of the learned revisional court in accordance with law.

¶20

( Sanjay Kumar Dwivedi, J.)

¶21

SI/,

Madhu Singh Alias Mandeshwar Singh Alias Mandeshwar Prasad Singh And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What the court decided

Madhu Singh Alias Mandeshwar Singh Alias Mandeshwar Prasad Singh And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhola Nath Gope And Ors. Vs The State Of Jharkhand

Rajesh Kumar Mehta Vs The State Of Jharkhand

Abdul Hannan Sk Vs The State Of Jharkhand And Anr.

Mahendra Thakur And Anr. Vs The State Of Jharkhand And Anr.

Janki Devi Vs the State of Jharkhand

Gajanand Kajaria Vs the State of Jharkhand