Vinod Kumar @ Binod Kumar vs State Of Jharkhand
2021 Latest Caselaw 200 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr.M.P No. 2432 of 2020
                Vinod Kumar @ Binod Kumar                            .... .... Petitioner(s).
                                               Versus
                1. State of Jharkhand
                2. Sona Kumari                                       .... .... 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. Rajesh KUmar, Advocate FOR THE STATE : Mr. Munna Lal Yadav SC (L&C-III)

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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 6.05.2020.

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 06.05.2020 passed by the J.M, 1st Bokaro in connection with Mahila P.S. Case No. 34 of 2019, corresponding to G.R. No. 385 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