Abhay Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 2139 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 3090 of 2014
            Abhay Kumar Singh                                     ... Petitioner
                                          -Versus-
            The State of Jharkhand                                ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Prabhat Kumar Sinha, Advocate For the State : Mr. Prabhu Dayal Agarwal, S.P.P.

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07/12.06.2023 Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioner

and Mr. Prabhu Dayal Agarwal, learned counsel for the State.

2. I.A. No.350 of 2021 has been filed for amendment in the prayer

portion of the petition, wherein, it has been prayed for quashing the order

taking cognizance dated 29.04.2015.

3. Mr. Prabhat Kumar Sinha, learned counsel for the petitioner submits

that earlier the FIR in connection with Chauparan P.S. Case No.110/2014,

corresponding to G.R. Case No.3123/2014 was under challenge, however

subsequently, the learned court has taken cognizance vide order dated

29.04.2015 and that is why, it was necessitated to file the said I.A. He

submits that this matter is pending before the Court and the said I.A. may

kindly be allowed.

4. Mr. Prabhu Dayal Agarwal, learned counsel for the State submits that

after long time, the said I.A. has been filed and therefore, the said I.A. may

be rejected.

5. The Court has considered the averments made in the said I.A. and

finds that this petition is still pending before this Court and to avoid

multiplicity of litigation, the prayer made in the said I.A. is allowed.

6. Accordingly, I.A. No.350 of 2021 is disposed of.

7. Let this I.A. be treated as part of this petition.

8. Mr. Prabhat Kumar Sinha, learned counsel for the petitioner submits

that the allegation is made in the FIR that the petitioner has changed the

route of the transportation of coal and on that ground, the learned court

has taken cognizance vide order dated 29.04.2015. He submits that the

cognizance order has been passed in highly mechanical manner without

applying judicial mind. He relied upon the judgment passed in Manendra

Kumar Singh v. Muna Kumar Singh v. The State of Jharkhand;

[2018 (1) East Cr. C 294 (Jhr)].

9. On the other hand, Mr. Prabhu Dayal Agarwal, learned counsel for the

State submits that this petition is pending since long and at this stage, this

Court may not interfere under Section 482 Cr.P.C.

10. In view of the submissions of the learned counsel for the parties, the

Court has perused the order taking cognizance dated 29.04.2015 and finds

that the Section, the word cognizance and the name of the accused have

been filled up in blank space, which suggest that there is non-application of

judicial mind. Accordingly, the order dated 29.04.2015 passed in connection

with Chauparan P.S. Case No.110/2014, corresponding to G.R. No3123 of

2014, pending in the court of the learned Judicial Magistrate, 1 st Class,

Hazaribag is set aside. The matter is remitted back to the concerned court

to pass a fresh order, in accordance with law.

11. Accordingly, this petition is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/