Jharkhand High Court
Dharambeer Kumar Singh @ Dharambir ... vs State Of Jharkhand & Anr............ ... on 13 February, 2020
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 4292 of 2019
Dharambeer Kumar Singh @ Dharambir Singh
@ Chatan Singh @ Chotan Singh............... Petitioner(s)
Versus
State of Jharkhand & Anr............ Opp. Party(s)
......
Coram: Hon'ble Mr. Justice Ananda Sen ......
For the Petitioner : Mr. Nagmani Tiwary, Advocate
For the State : A.P.P.
......
4/13.02.2020 Heard the parties.
In this application, the petitioner prays for quashing the entire criminal proceedings including the order dated 08.11.2019, by which cognizance of the offence under Sections 147, 148, 149, 302, 120 (B) IPC and Section 27 of the Arms Act, has been taken twice and thereafter, summon has been issued to him.
Learned counsel for the petitioner submits that the cognizance cannot be taken twice. He submits that what are the materials to proceed against this petitioner has not been reflected in the impugned order, which makes the order absolutely bad and cryptic.
After going through the record, I find that the order is absolutely cryptic and bad. What are the materials to issue summon to this petitioner has not been mentioned in the impugned order. In a most mechanical way, the impugned order has been passed. This Court in the case of "Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Anr., reported in 2020 (1) JLJR 199", has passed the detailed order discussing the provisions and requirement of order under Section 190 & 204 Cr.P.C. The impugned order is not in consonance with the aforesaid order.
In view of the aforesaid facts, I find that the order dated 08.11.2019 is not in consonance with the legal provisions as laid down. Thus, this application stands allowed. The impugned order dated 08.11.2019 is, hereby, set aside. The matter is remitted to the court below to pass a fresh order in accordance with the provisions of law.
This criminal miscellaneous petition stands allowed.
(Ananda Sen, J) Mukund/-cp.3