IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2260 of 2017 ------

Ram Chandra Rungta, S/o. Late Ram Kumar Rungta, working for gain as Director of Jharkhand Ispat Private Limited at Hesla, P.O.-

Hesla, P.S.- Ramgarh, Dist.- Ramgarh. … … Petitioner -Versus -

1. The State of Jharkhand

2. Divisional Forest Officer, Ramgarh Division, P.O. & P.S.-

Ramgarh, Dist.- Ramgarh.

3. Forest Range Officer, Chainpur Range, P.O. & P.S.- Kuju, Dist.-

Ramgarh. ... … Opposite Parties With Cr.M.P. No. 2262 of 2017 ------

1. Rajiv Agrawal @ Rajeev Kumar Agarwal @ Raju Babu, S/o. Sri Durga Prasad Agarwal, Working for gain as Director of Jharkhand Ispat Private Limited having its office near P.N. Bank, Main Road, Ramgarh Cantt, P.O. & P.S.- Ramgarh, Dist.- Ramgarh.

2. Bikas Kumar @ Bikash Kumar Agarwal, S/o. Sri Durga Prasad Agarwal, Working for gain as Deputy Manager at Jharkhand Ispat Private Limited having its office near P.N. Bank, Main Road, Ramgarh Cantt, P.O. & P.S.- Ramgarh, Dist.- Ramgarh.

3. Farid Khan, S/o. Isaque Khan, R/o. Nai-Sarai, P.O.- P.S.- Ramgarh, Dist.- Ramgarh. … … Petitioners -Versus -

1. The State of Jharkhand

2. Divisional Forest Officer, Ramgarh Division, P.O. & P.S.-

Ramgarh, Dist.- Ramgarh.

3. Forest Range Officer, Chainpur Range, P.O. & P.S.- Kuju, Dist.-

Ramgarh. ... … Opposite Parties With Cr.M.P. No. 2263 of 2017 ------

D. K. Pandey @ Dinesh Kumar Pandey, S/o. Sri Lalji Pandey Working for gain as General Manager Legal and Liason at Jharkhand Ispat Private Limited having its office near P.N. Bank, Main Road, Ramgarh Cantt, P.O. & P.S.- Ramgarh, Dist.- Ramgarh.

… … Petitioner -Versus -

1. The State of Jharkhand

2. Divisional Forest Officer, Ramgarh Division, P.O. & P.S.-

Ramgarh, Dist.- Ramgarh.

3. Forest Range Officer, Chainpur Range, P.O. & P.S.- Kuju, Dist.-

Ramgarh. ... … Opposite Parties ------

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------

For the Petitioners : Mr. Indrajit Sinha, Advocate : Mr. Rishav Kumar, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P.

: Mr. Bhola Nath Ojha, Spl. P.P.

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14/24.02.2025 Heard the parties.

2. All these applications arise out of the same police case.

Accordingly, all these application are being disposed of by common order.

3. The petitioners have filed this Cr.M.P. for quashing of order dated 08.06.2017 passed in connection with G(F) Case No. 85/2016 corresponding to TR-1777/2017, whereby and wherein the learned Chief Judicial Magistrate, Ramgarh, has taken cognizance of the offence under Section 33 of the Indian forest Act.

4. Learned counsel appearing on behalf of the petitioner submitted that the bare perusal of the cognizance order manifests that cognizance has been taken in a very cryptic manner. The learned Magistrate has not given any reason for coming to its judicial satisfaction for finding the prima facie case to be true for the aforesaid offence against the petitioners. Reliance has been placed upon the decision of the Hon’ble Supreme Court rendered in the case of “JM Laboratories and Other Vrs. State of Andhra Pradesh and Another” as reported in [2025 SCC OnLine SC 208], wherein the Hob’ble Supreme Court has held that;

“7. It will be relevant to refer to the summoning order which reads thus;

"Whereas your attendance is necessary to give evidence in a charge Sec. 18(a)(i) r/w Sec. 16(1)(a) of Drugs & Cosmetics Act, 1940 against the accused M/s J.M. Laboratories, Vill. Bhanat, P.O- Ghtti, Subathu Road, Solan (H.P.). You are hereby requested to appear in person before the Hon'ble Court of Judicial First Class Magistrate, Kurnool at 10:30 AM on the 10^th day of August 2023.

Given under my hand the seal of the court this___day of July.”

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 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 the complainant, no reasons are recor