Prabhakar Singh vs State Of Jharkhand
2021 Latest Caselaw 584 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr.M.P No. 3570 of 2018
                1. Prabhakar Singh
                2. Diwakar Singh                                   .... .... Petitioner(s).
                                              Versus
                1. State of Jharkhand
                2. Lakhi Tudu                                .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Indrajit Sinha, Advocate FOR THE STATE : Ms. Ruby Pandey, APP

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06/08.02.2021 Heard learned counsel for the parties through video conferencing. The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

In this application, petitioners have prayed to quash the composite order dated 24.01.2018 by which cognizance of the offence punishable under Section 504/506/34 IPC has been taken.

Learned counsel for the petitioners submits that the cognizance order is absolutely bad and is a non-speaking order and it does not reflect any subjective satisfaction as to what are the materials to take cognizance against these petitioners. He submits that the requirements of Sections 190 & 204 Cr.P.C has not been dealt with in the impugned order. He relies upon the judgment of this Court in the case of Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand &Anr., reported in 2020 (1) JLJR 199.

After going through the record, I find that nothing has been mentioned as to what are the materials to issue summon against the petitioners. The order is non-speaking and cannot be allowed to sustain. I also find that the order is absolutely cryptic and non- speaking and is not in conformity with the judgment passed by this Court in the case of Amresh Kumar Dhiraj (Supra). What are the materials against the petitioners to proceed, has also not been mentioned. Thus, the impugned order dated 24.01.2018 passed by the Chief Judicial Magistrate, Seraikella is, hereby, set aside. The matter is remitted to the court below to pass a fresh order in accordance with the provision of law.

This criminal miscellaneous petition stands allowed.

(ANANDA SEN , J) anjali/ C.P 3