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SANJAY KUMAR DWIVEDI
Krishnadev Prasad S/o Late Bishu Shaw – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
2. Mr. Anurag Kashyap has appeared on behalf of opposite party nos. 2 to 4. Opposite party nos. 5 and 6 are police officers and they are being represented by Mr. Saket Kumar, learned A.P.P. appearing for the State. Thus, there is no question of issuing fresh notice upon opposite party nos. 5 and 6.
3. This petition has been filed for quashing the order dated 20.02.2018 passed in C/1 Case No. 903 of 2017 by the learned Judicial Magistrate, 1st Class, Jamshedpur whereby the complaint petition filed by the petitioner was dismissed under Section 204(4) of Cr.P.C. The further prayer is made for quashing the order dated 21.04.2018 passed in Criminal Revision No. 121 of 2018 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur whereby revision filed by the petitioner against the order dated 20.02.2018 was dismissed.
4. The cognizance has been taken aga
The court has the discretion to set aside previous orders and restore a complaint case with conditions in the interest of justice.
The main legal point established is that the lack of specific allegations against the petitioner and comparison with similar cases can be grounds for quashing a cognizance order.
Procedural irregularities and lack of satisfaction recorded in the orders for bail bond cancellation and issuance of non-bailable warrant and processes under Sections 82 and 83 Cr.P.C. led to their q....
The order taking cognizance should mention at least the bare minimum prima-facie materials against the accused petitioners and the alleged offense.
Non-bailable warrant of arrest and process under section 82 Cr.P.C. must comply with the legal parameters and guidelines established in relevant judgments, including the indication of time and place.
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