Niranjan Kumar Agrawal vs The State Of Jharkhand
2023 Latest Caselaw 1220 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 153 of 2011
                 Niranjan Kumar Agrawal                         ... Petitioner
                                       -Versus-
            1.   The State of Jharkhand
            2.   Birendra Kumar Rana                            ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Petitioner          : Mr. A.K. Sahani, Advocate
            For the State               : Mr. Prabhu Dayal Agarwal, S.P.P.
            For O.P. No.2               : Mr. Sahil, Advocate
                                              -----

08/20.03.2023     Heard Mr. A.K. Sahani, learned counsel for the petitioner, Mr. Prabhu

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

for opposite party no.2.

2. This petition has been filed for quashing the entire criminal

proceeding including the order taking cognizance dated 14.05.2010 passed

by the learned Judicial Magistrate, 1st Class, Hazaribagh in Complaint Case

being C. No.1293 of 2009 (T.R. No.1573 of 2010) whereby on the protest

petition, cognizance has been taken under Sections 341, 323, 504 and 379

of the Indian Penal Code.

3. Mr. Sahani, learned counsel appearing for the petitioner submits that

the police has investigated the matter and final form has been submitted,

whereby, the petitioner was not sent up for trial. He further submits that in

final form it has been disclosed that opposite party no.2 is in habit of

lodging false case. He also submits that the order taking cognizance is not a

speaking order. He further submits that the learned trial court has not given

reason of taking cognizance.

4. On the other hand, Mr. Sahil, learned counsel for opposite party no.2

submits that the learned court has taken cognizance looking into the

materials of the case as well as the statement of the witnesses and,

thereafter, has taken cognizance. He submits that the protest petition

was filed and the case was made out and the learned court is competent to

take cognizance. He relied upon the judgment passed by this Court in

Amresh Kumar Dhiraj v. State of Jharkhand and others; [2020 (1)

JLJR 199].

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

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

that admittedly the police has submitted charge-sheet in favour of the

petitioner. However, the learned court has taken cognizance on protest

petition. Looking into the order taking cognizance, it appears that the

learned court has relied on the investigation of the police and only stated

that the complaint witnesses have been examined. The learned court has

taken cognizance after final form was submitted. Based on the investigation,

the reason is required to be disclosed in the order taking cognizance, which

is lacking in the case in hand.

6. Accordingly, the order taking cognizance dated 14.05.2010 passed by

the learned Judicial Magistrate, 1 st Class, Hazaribagh in Complaint Case

being C. No.1293 of 2009 (T.R. No.1573 of 2010) is, hereby set aside. The

matter is remitted back to the concerned learned court to pass order afresh,

in accordance with law.

7. This petition is, therefore, disposed of in above terms.

(Sanjay Kumar Dwivedi, J.) Ajay/