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2019 Supreme(Jhk) 972

ANANDA SEN
Amresh Kumar Dhiraj – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Chaturvedi.
For the Opp. Parties : Mrs. Vipul Divya, A.P.P., Mr. Avishek Prasad.

ORDER :

Heard learned counsel appearing for the petitioners, learned counsel for the State and the learned counsel for O.P. No. 2.

2. This case has been listed today under the heading for Orders on a petition being I.A. No. 6862 of 2019, praying therein to extend the period of stay, which was granted in favour of these petitioners by this Court vide order dated 08.10.2014. Now, all the parties agree for final disposal of the case, rather than to argue on the stay petition.

3. Learned counsel for the petitioners submits that the cognizance and summoning order dated 13.08.2013, passed by the Additional Chief Judicial Magistrate, Latehar in Complaint Case No. C-20 of 2013 is under challenge. He submits that the impugned order will show that the Court has not applied its mind while taking cognizance. He submits that merely in a mechanical manner, cognizance has been taken in this case and thereafter summons have been issued against these petitioners. It is argued that before issuing summons, the Magistrate is duty bound to record his satisfaction that there are sufficient materials to proceed against the accused persons and then only he should issue summons. He further submits that this i

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