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Judgment
7 paragraphs · 269 wordsThe lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Heard the parties.
In this application, the petitioner has challenged the order dated 18.09.2019, by which cognizance of the offence punishable under Sections 406, 420 of the Indian Penal Code has been taken and, thereafter, summon has been issued to him to appear.
Learned counsel for the petitioners submits that the cognizance order is absolutely cryptic and is not in conformity with the order passed by this Court in the case of "Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Anr, reported in 2020 (1) JLJR 199".
After going through the impugned order, I find that the impugned order is absolutely cryptic and non-speaking. Nothing has been mentioned as to what are the materials in the case diary to issue summon against this petitioner directing him to appear. In a most mechanical manner, the impugned order has been passed. The order is also not in consonance with the order passed by this Court in the case of "Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Anr, reported in 2020 (1) JLJR 199".
Thus, this application stands allowed. The impugned order dated 18.09.2019, passed by the A.C.J.M., Hazaribagh in connection with Daru P.S. Case No. 82 of 2018 (G.R. No. 2033/2018) is, hereby, set aside. The matter is remitted to the Court below to pass a fresh order in accordance with the provisions of law.
This criminal miscellaneous petition stands allowed.