Kirti Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 1219 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No. 2842 of 2020
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           Kirti Kumar Singh                          ...  Petitioner
                                        -versus-
           1. The State of Jharkhand
           2. Md. Belal Hasmi                         ...  Opposite Parties
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                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                    THROUGH VIDEO CONFERENCING
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           For the Petitioner :      Mr. Nilesh Kumar, Advocate
           For the State:            Mr. Sandeep Verma, A.C. to Sr. S.C. III
           For the O.P. No.2 :       None
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4/ 10.03.2021    Heard learned counsel for the petitioner and the 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 with respect to the audio and video clarity and quality.

2. Order dated 21.05.2020 passed in Bokaro Thermal Police Station Case No. 1 of 2020 (G.R. No. 13 of 2020) is under challenge by which the Court below has taken cognizance of the offence under Sections 420, 407, 409/34 of the Indian Penal Code and has directed to supply police papers to the accused persons.

3. Counsel for the petitioner submits that the impugned order is absolutely cryptic and non-speaking. He submits that what are the materials to proceed for supply of police papers to the petitioner has also not been mentioned. Counsel for the petitioner relies upon the judgment of this Court passed in the case of Amresh Kumar Dhiraj & Others versus State of Jharkhand & Another reported in 2020 (1) JLJR 199 (Jhr).

4. I have gone through the impugned order. I find that the impugned order is cryptic. Nothing has been mentioned as to what are the materials to proceed against this petitioner. Further, what are the materials to come to a finding that prima facie an offence under Sections 420, 407, 409/34 of the Indian Penal Code is made out has also not been mentioned.

5. Considering the nature of the order, which is cryptic and non- speaking, I am inclined to allow this criminal miscellaneous petition. Accordingly, the order dated 21.05.2020 passed in Bokaro Thermal Police Station Case No. 1 of 2020 (G.R. No. 13 of 2020) is hereby set aside. The

matter is remanded to the Court below to pass fresh order in accordance with law and in terms of the judgment passed by this Court in the case of Amresh Kumar Dhiraj & Others versus State of Jharkhand & Anr. reported in 2020 (1) JLJR 199 (Jhr).

6. This criminal miscellaneous petition is, accordingly, allowed.

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