Sunita Devi vs State Of Jharkhand
2021 Latest Caselaw 199 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr.M.P No. 2411 of 2020
                Sunita Devi                                         .... .... Petitioner(s).
                                              Versus
                1. State of Jharkhand
                2. Chandmani Devi                                   .... .... 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. Bijay Kr. Sinha, Advocate FOR THE STATE : Mr. Kaushik Sarkhel, G.A-V

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04/14.01.2021 Heard learned counsel for the parties. The lawyers have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

By filing this application, petitioner has challenged the composite order i.e order taking cognizance and summon order dated 16.01.2020.

Learned counsel for the petitioner 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 the petitioner. He submits that the requirements of Sections 190 & 204 Cr.P.C has not been dealt with in the impugned order.

After going through the record, I 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 and Ors. Vs. State of Jharkhand &Anr., reported in 2020 (1) JLJR 199(Jhr). What are the materials against the petitioner to proceed, has also not been mentioned. Thus, the impugned order dated 16.01.2020 passed by the CJM, Lohardaga in connection with Lohardaga P.S. Case No. 110 of 2019, corresponding to G.R. No. 46 of 2020 is, hereby, set aside. The matter is remitted to the court below to pass a fresh order in accordance with the judgment passed by this Court.

This criminal miscellaneous petition stands allowed.

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