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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Pramila Devi – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
(Ahsanuddin Amanullah, J.)
The present appeal has been preferred by the Appellants against the Final Judgment and Order dated 09.03.2022 (hereinafter referred to as the ‘Impugned Judgment’) [2022:JHHC:9512] in Criminal Miscellaneous Petition No.235 of 2017 passed by the High Court of Jharkhand at Ranchi (hereinafter referred to as the ‘High Court’) by which the High Court set aside the cognizance Order dated 13.06.2019 passed in connection with SC/ST Case No.08 of 2017 arising out of Argora P.S. Case No.385 of 2016, by the learned Additional Judicial Commissioner-XII, Ranchi (hereinafter referred to as the ‘Additional Judicial Commissioner’) and remitted the matter for passing order afresh.
BRIEF FACTUAL BACKGROUND:
2. Respondent No.2 (Informant) claims to be the second wife of one Vishnu Sahu (Deceased). Appellant No.1 is the first wife of Late Vishnu Sahu, and Appellants No.2 and 3 are their children. It was alleged that the deceased posing himself as unmarried about 25-30 years ago befriended Respondent No.2 and married her in 1990 at Jagannath Temple under Hindu customs and traditions and lived peacefully for more than 26 years. From their marriage (Vishnu Sahu and Resp
Cruelty, criminal breach of trust and cheating – Order of Magistrate taking cognizance cannot be faulted only because it was not a reasoned order.
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
Judicial proceedings involving allegations of cheating and forgery must undergo comprehensive investigation; prima facie evidence suffices for proceeding, dismissing claims of civil nature.
A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.
A Magistrate must apply judicial mind when taking cognizance of an offence; failure to do so, especially through mechanical processes, renders the order invalid and subject to quashing.
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