Prabir Sikdar vs The State Of Jharkhand
2021 Latest Caselaw 586 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No. 93 of 2021
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            Prabir Sikdar                                ...     Petitioner
                                             -versus-
            The State of Jharkhand                       ...     Opposite Party
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                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                    THROUGH VIDEO CONFERENCING
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For the Petitioner : Mr. Lukesh Kumar, Advocate For the State: Ms. Anshu Bansal, A.C. to S.C. IV

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2/ 08.02.2021 Heard learned counsel for the petitioner and the learned counsel appearing for the State 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 complain in respect to the audio and video clarity and quality.

Since this case arises out of a government complaint, there is no need to issue notice to the opposite party.

Order dated 15.02.2020 passed by the Chief Judicial Magistrate, Dhanbad in Complaint Case No.506 of 2020 is under challenge, by which cognizance of the offence under Sections 23/25 of the Pre-Conception & Pre- Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 has been taken and thereafter the petitioner has been summoned.

Counsel for the petitioner, relying on the order/judgment passed by this Court in the case of Amresh Kumar Dhiraj and Others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr.) submits that the impugned order dated 15.02.2020 is absolutely cryptic and unsustainable in the eyes of law.

After hearing counsel for the parties, I have gone through the impugned order dated 15.02.2020. I find that the said order is absolutely cryptic and non speaking order. This Court in the case of Amresh Kumar Dhiraj and Others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr.) has passed a detailed order discussing the provisions of issuing process under Section 204 of the Code of Criminal Procedure and order taking cognizance. The impugned order is not in consonance with the aforesaid order.

In view of the aforesaid facts, I am inclined to allow this criminal miscellaneous petition. Order dated 15.02.2020 passed by the Chief Judicial Magistrate, Dhanbad in Complaint Case No.506 of 2020 is hereby set aside.

The matter is remanded to the Court below for proceeding afresh and passing order in accordance with the provisions of law and the order passed by this Court in the case of Amresh Kumar Dhiraj and others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr.) after taking into consideration the materials on record.

This criminal miscellaneous petition is allowed.

(Ananda Sen, J.) Kumar/Cp-03