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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Hemant Soren – Appellant
Versus
Assistant Director, through Deovrat Jha, Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. petitioner invoked jurisdiction for quashing criminal proceedings. (Para 2 , 3 , 4) |
| 2. petitioner claims innocence and challenges legality of summons. (Para 5 , 6 , 7) |
| 3. cognizance depends on prima facie case, not merits of evidence. (Para 12 , 14 , 15 , 20) |
| 4. high court's power is limited to reviewing cognizance taken by magistrate. (Para 21 , 22) |
| 5. criminal miscellaneous petition dismissed; no grounds to quash proceedings. (Para 26 , 27 , 28) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding including the order dated 04.03.2024 passed in Complaint Case No.3952 of 2024 by learned Chief Judicial Magistrate, Ranchi whereby and where under the learned Chief Judicial Magistrate, Ranchi has taken cognizance for the offence punishable under Sections 174 of the Indian Penal Code against the petitioner and the case on being transferred is now pending in the Special Court, MP/MLA Cases, Ranchi and consequential reliefs.
3. The brief fact of the case is that the complaina
The court affirmed that disobeying summons is a serious offense under IPC, and the evaluation of merits occurs at trial, not at the cognizance stage.
The issuance of summons by the ED under Section 50 of the PMLA is part of the lawful investigation and does not amount to legal or factual malice unless the Applicant can establish otherwise.
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
The main legal point established is that summoning of an accused in a criminal case requires the Magistrate to conduct an inquiry or investigation before issuing the process, and the Magistrate must ....
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
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