Jharkhand High Court
Vijay Giri vs State Of Jharkhand ..... Opp. Party on 27 February, 2019
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No.106 of 2019
1. Vijay Giri
2. Devendra Giri
3. Suraj Yadav ...... Petitioners
Versus
State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioners : Mr. Dipak Kumar, Advocate For the State : Mr. Anjani Kr. Toppo, A.P.P
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th
04/Dated: 27 February, 2019
1. In view of the submission of the learned counsel for the petitioners, the defect No.9(i), as pointed out by the office, is hereby, ignored for the time being.
2. This petition has been filed against the order dated 13.06.2017, passed by the learned Chief Judicial Magistrate, Koderma, in S.T. No.105 of 2017, arising out of Chandwara P.S. Case No.22 of 2017, corresponding to G.R. No.357 of 2017, whereby cognizance has been taken against the petitioners.
3. Heard learned counsels for both the sides. It is evident that the learned Chief Judicial Magistrate, Koderma while passing the order dated 13.06.2017, has referred to the paragraphs of the case diary, written statement as well as the statement recorded under Section 164 Cr.P.C and observed that a prima facie case is made out against the accused persons/ petitioners in the present case.
On perusal of the impugned order, it transpires that the initially the case was registered under Sections 364(A)/34 of the Indian Penal Code being Chandwara P.S. Case No.22 of 2017 and after investigation, police submitted charge-sheet under Sections 342, 506/34 of the Indian Penal Code. That the court below has disagreed with the charge-sheet and taken cognizance of the offences under Sections 364(A)/34 I.P.C by referring to the paragraphs of the case diary, but it has not assigned the reasons or recorded its satisfaction for not taking cognizance of the offences under which charge-sheet was submitted. It is amply clear that the court below has only cited the paragraphs of the cse diary and passed the order that a prima facie case is made out under Sections 364(A)/34 I.P.C. Needless to say that the order passed is cryptic and non- speaking. It is not in consonance with the settled proposition, accordingly, the order taking cognizance dated 13.06.2017 is, hereby, set aside.
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The court below shall pass order afresh briefly assigning the reasons and the evidence available in the case diary for recording its satisfaction for taking cognizance of the offences under Sections 364(A)/34 I.P.C
5. With the said observation and direction, this criminal miscellaneous petition is, hereby, allowed.
(AMITAV K. GUPTA, J.) Chandan /-