Allowed

Shankar Jha @ Shankar Kumar Jha v. The State of Bihar

Patna HC15 Jan 2024CR. MISC./42813/2022

Case brief

AI extract

What is this about?

Petitioner challenged an order of cognizance under the Bihar Prohibition and Excise Act taken on 28.05.2022 while investigation was pending; a counter affidavit showed the charge sheet was filed only on 05.01.2024. The High Court quashed the cognizance order as mechanical, allowing the trial court to proceed afresh on the later charge sheet.

What did the court decide?

Order of cognizance dated 28.05.2022 quashed for petitioner only; trial court permitted to proceed per Chargesheet No.01/2024 dated 05.01.2024.

Shankar Jha @ Shankar Kumar Jha Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42813 of 2022

¶2

Arising Out of PS. Case No.-66 Year-2019 Thana- MANIGACHI District- Darbhanga

¶3

======================================================

¶4

SHANKAR JHA @ SHANKAR KUMAR JHA S/o Pandit Kulanand Jha R/o village- Lahta, P.O.- Lahta, P.S.- Manigachi, District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Durga Nand Jha, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶12

3 15-01-2024

¶13

Heard the learned counsel for the petitioner and the

¶14

learned APP for the State.

¶15

The learned APP Mr. Chandra Bhushan Prasad

¶16

submits that in compliance of the order dated 07.11.2023, a counter affidavit duly sworn by the Senior Superintendent of Police, Darbhanga has been filed. The learned APP next submits that in the counter affidavit, it has been specifically pleaded that charge sheet against the petitioner has been submitted on 05.01.2024, bearing Charge Sheet No.01/2024. It is next submitted that Rajan Kumar was the Investigating Officer of the case but he kept the matter pending and in the meantime was transferred to Samastipur, as such, the S.D.P.O., Benipur has requested the Senior Superintendent of Police, Darbhanga for taking appropriate action against Rajan Kumar by his letter

¶17

Patna High Court CR. MISC. No.42813 of 2022(3) dt.15-01-2024 2/3

¶18

dated 09.01.2024 (Annexure-D) to the counter affidavit.

¶19

The learned counsel for the petitioner at this stage

¶20

submits that the petitioner in the present quashing application has challenged the order of cognizance on the ground that while the investigation was pending against the petitioner still cognizance came to be taken against the petitioner. It is further submitted that in view of the pleadings made in the counter affidavit, it is clear that charge sheet came to be submitted on 05.01.2024, whereas order of cognizance is dated 28.05.2022, which amply demonstrates that the learned Special Judge, Excise Act-II, Darbhanga in Manigachhi P.S. Case No.66/2019, G.O. No. 383/2019 mechanically took cognizance of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioner next submits that the police might have chargesheeted the petitioner or could have submitted a final form in both the events, the Magistrate was empowered to take cognizance provided their was material on record to connect the petitioner with the offence but when the investigation was continuing against the petitioner where was the occasion for the Magistrate to take cognizance.

¶21

Considering the submissions made by the learned counsel for the petitioner, the order dated 28.05.2022 passed by

¶22

Patna High Court CR. MISC. No.42813 of 2022(3) dt.15-01-2024 3/3

¶23

the learned Special Judge, Excise Act-II, Darbhanga in Manigachhi P.S. Case No.66/2019, G.O. No. 383/2019, whereby cognizance of offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 has been taken, is hereby quashed. However, the learned trial court shall be at liberty to proceed against the petitioner in terms of the Chargesheet No.01/2024 dated 05.01.2024 in accordance with law.

¶24

It is made clear that the order taking cognizance has been quashed only with respect to the petitioner herein.

¶25

The counter affidavit filed by the Senior Superintendent of Police, Darbhanga is taken on record.

¶26

(Satyavrat Verma, J)

¶27

amit/-

¶28

U T

Shankar Jha @ Shankar Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shankar Jha @ Shankar Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit Kumar @ Amit Kumar Yadav Vs The State Of Bihar

Tufan Mardhaniya @ Toofan Mardania Vs State Of Bihar and Anr.

Amar Kumar @ Amar Vs State Of Bihar and Anr.

Dr. Umesh Kumar Vs the State of Bihar through the Additional Chief Secretary, Dept. of Health, Patna

Rajendra Prasad Sah and Ors. Vs State Of Bihar and Anr.

Iliyas Sah and Ors. Vs State Of Bihar and Anr.