Satish Kumar Sinha v. The State Of Jharkhand And Anr.
Criminal Miscellaneous Jurisdiction – Quashing
Case brief
What is this about?
Satish Kumar Sinha v. The State of Jharkhand & Anr., Cr.M.P. No. 92 of 2018, High Court of Jharkhand at Ranchi, decided 03.04.2024 by Sanjay Kumar Dwivedi, J. Quashing petition against order taking cognizance dated 15.09.2016 in Sadar (Bara Bazar) P.S. Case No. 298 of 2016 pending before Chief Judicial Magistrate, Hazaribagh. Cognizance order set aside for non-application of judicial mind (word 'cognizance' filled up in blank space); matter remanded for fresh order in accordance with law; interim order vacated. Chargesheet filed against petitioner; no chargesheet against unnamed accused; police had closed further investigation. No statute or precedent cited in the judgment.
What did the court decide?
Order taking cognizance dated 15.09.2016 passed in Sadar (Bara Bazar) P.S. Case No. 298 of 2016 set aside; matter remitted to the court concerned (Chief Judicial Magistrate, Hazaribagh) to pass afresh order in accordance with law; petition and pending I.A., if any, disposed of; interim order vacated. The prayer to quash the entire criminal proceeding was not granted.