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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Mahadeo Ram – Petitioner
Versus
The State of Jharkhand – Respondent
Cr. M.P. No. 1051 of 2021
Decided On : 09-02-2022
Cognizance - Criminal Procedure - The court set aside the order taking cognizance against the petitioner due to lack of disclosure about the materials against the petitioner and emphasized the need for the order to mention at least the bare minimum prima-facie materials against the accused petitioners and the alleged offense.
Fact of the Case:
The petitioner filed a criminal miscellaneous petition to quash the order taking cognizance against him in connection with a specific case.
Finding of the Court:
The court found that the order taking cognizance was non-speaking and lacked disclosure about the materials against the petitioner, emphasizing the need for at least mentioning the bare minimum prima-facie materials against the accused petitioners and the alleged offense.
Issues: The issue was whether the order taking cognizance against the petitioner was in accordance with law and whether there was sufficient disclosure about the materials against the petitioner.
Ratio Decidendi: The court emphasized that the order taking cognizance should mention at least the bare minimum prima-facie materials against the accused petitioners and the alleged offense, and set aside the order due to lack of such disclosure.
Final Decision: The court set aside the order taking cognizance against the petitioner and remitted the matter back to the concerned Court to pass a fresh order in accordance with law.
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Manoj Kumar Choubey, learned counsel appearing for the petitioner and Mr. Suraj Verma, learned Spl. P.P. for the State.
2. This petition has been heard 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.
3. This criminal miscellaneous petition has been filed for quashing the order dated 07.08.2020 passed in connection with Manjhion P.S. Case No. 85 of 2020 corresponding to G.R. No. 1143 of 2020, whereby cognizance has been taken against the petitioner, pending in the Court of learned Judicial Magistrate, 1st Class, Garhwa.
4. Learned counsel appearing for the petitioner submits that the cognizance order is not in accordance with law. He further submits that there is no material against the petitioner, in spite of that cognizance has been taken. According to him, in view of the last order, counter affidavit has been filed on behalf of the State and only omnibus allegation has been made in the counter affidavit and no specific allegation is there in the said counter affidavit so far as the petitioner is concerned.
5. The Court has perused the cognizance order dated 07.08.2020, from which, it appears that the order is non-speaking order. There is no disclosure about the materials against the petitioner in the cognizance order. The order should not be mechanical. Magistrate has to mention at least that there are sufficient materials to proceed against the persons and what are the prima-facie materials to proceed against them. He need not pass a detail judgment evaluating the materials, which are before him. The detail reasons as to why he is taking cognizance or issuing process are not to be mentioned but at least what are the bare minimum prima-facie materials against the accused petitioners should be mentioned in the order issuing summon and prima-facie what offence is alleged, in the order taking cognizance.
6. In view of the above, the order dated 07.08.2020 passed in connection with Manjhion P.S. Case No. 85 of 2020 corresponding to G.R. No. 1143 of 2020, whereby cognizance has been taken against the petitioner, pending in the Court of learned Judicial Magistrate, 1st Class, Garhwa, is hereby, set aside. The matter is remitted back to the concerned Court to pass the fresh order in accordance with law.
7. This criminal miscellaneous petition stands disposed of.
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