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IN THE HIGH COURT OF JHARKHAND AT RANCHI
AMBUJ NATH
Baby Singh, D/o Sri Bhikhari Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
AMBUJ NATH, J.
Heard the parties
2. Petitioners have filed this application for quashing of entire criminal proceeding of Madhupur P.S. Case No. 194 of 2014 corresponding to G.R. Case No. 396 of 2014 including cognizance order dated 20.12.2018 passed by learned S.D.J.M., Madhupur in which learned Magistrate has taken cognizance of the offences under Sections 341, 451, 379, 504, 506 and 34 of the I.P.C.
3. Mr. Shailesh Kumar Singh, learned counsel appearing on behalf of the petitioners, has submitted that learned S.D.J.M., Madhupur has passed the order dated 20.12.2018 in a very cryptic manner. Reliance has been placed upon the decision of the Hon’ble Supreme Court passed in M/s. JM Laboratories and Others versus State of Andhra Pradesh and Another as reported in [2025 SCC OnLine SC 208] in which the Hon’ble Supreme Court had held as under:-
8. In the Judgment and order of even date in criminal appeal arising out of SLP (Crl.) No. 2345 of 2024 titled “INOX Air Products Limited Now Known as INOX Air Products Private Limited and Another v. The State of Andhra Pradesh”, we have observed thus:
“33. It could be seen from the aforesaid order that except recording the submissions of
A Magistrate must provide clear reasoning and apply mind to the facts before summoning an accused, as criminal proceedings cannot commence as a matter of course.
An order under Section 204 of the Cr.P.C. cannot be valid unless the Magistrate provides clear reasoning to establish a prima facie case, ensuring ample judicial consideration.
A Magistrate must provide adequate reasoning in a cognizance order to demonstrate a prima facie case; failure to do so invalidates the order.
A cognizance order must provide sufficient reasoning to establish a prima facie case; failure to do so renders the order invalid.
Cognizance of offences by a Magistrate requires application of mind and proper reasoning; mechanical issuance of summons is impermissible.
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