Anup Kujur vs The State Of Jharkhand
2022 Latest Caselaw 4625 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2521 of 2022
                  Anup Kujur, aged about 40 years, S/o Najaryush Kujur, R/o Azad
                  Nagar, P.O. Siwandih, P.S. Marafari, District- Bokaro, Jharkhand-
                  827010                                        ... Petitioner
                                        -Versus-
             1.   The State of Jharkhand
             2.   Saloni Kumari, D/o Sanjeev Singh, R/o Q. No.2405, Sector VIII/A,
                  Street 12, P.O. Sector-9, P.S. Harla, District- Bokaro, Jharkhand-
                  827008                                         ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Opposite Party-State : Mr. Shailendra Kumar Tiwari, S.P.P.

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04/18.11.2022. This petition has been filed for quashing the entire criminal

prosecution including the order taking cognizance dated 26.11.2019 passed

in connection with G.R. Case No.753/2019 (Bokaro Sadar Mahila P.S. Case

No.2/2019), pending in the court of the learned Judicial Magistrate,

1st Class, Bokaro.

2. Mr. Baibhaw Gahlaut, 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.

3. Mr. Shailendra Kumar Tiwari, learned counsel for the State submits

that there is no illegality in the order taking cognizance.

4. In view of the above facts and submissions of the learned counsel for

the parties, the Court has gone through the materials on the record and

finds that the order is absolutely cryptic and non-speaking and is not in

conformity with the judgment passed by this Court in Amresh Kumar

Dhiraj and Ors. Vs. State of Jharkhand & Anr.; [2020 (1) JLJR

199(Jhr)]. What are the materials against the petitioner to proceed, has

also not been mentioned. Moreover, the word 'cognizance' has been filled

up in handwritten in blank space, whereas, entire order is typed.

Accordingly, the order dated 26.11.2019 passed in connection with G.R.

Case No.753/2019 (Bokaro Sadar Mahila P.S. Case No.2/2019), pending in

the court of the learned Judicial Magistrate, 1 st Class, Bokaro is, hereby, set

aside. The matter is remitted to the learned court to pass a fresh order in

accordance with the judgment passed by this Court.

5. Accordingly, this petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/