Dipak Kumar Singh vs State Of Jharkhand

The 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.

This case was listed/ supposed to be listed before the Lawazima Board for passing an order in respect of the defects, pointed out by the office.

Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their Clerks in the Court, this court felt proper to get all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before this Court directly.

Learned counsel for the petitioner prays to ignore the defect and take up the matter on merits.

Learned counsel for the petitioner undertakes to deposit the deficit court fee within two weeks from today. Rest of the defects stand ignored.

Heard the parties.

The petitioner, in this application, has challenged the order dated 02.01.2019, by which summon has been issued to the petitioner after taking cognizance under Sections 406, 420 of the Indian Penal Code.

Learned counsel for the petitioners submits that the cognizance order is absolutely bad and is a non-speaking order and does not reflect any subjective satisfaction as to what are the materials to take cognizance against these petitioners. He submits that the requirement of Section 204 Cr.P.C. has not been dealt with in the impugned order.

After going through the record, I find that the order is absolutely cryptic and non-speaking and is not in conformity with the judgment passed by this Court in the case of "Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Anr, reported in 2020 (1) JLJR 199". What are the materials to proceed against the petitioner, has also not been mentioned. Thus, the impugned order dated 02.01.2019, passed by the C.J.M. Jamshedpur, in G.R. No. 657 of 2017, is, hereby, set aside. The matter is remitted to the Court below to pass a fresh order in accordance with the provisions of law and in terms of the judgment cited above.

This criminal miscellaneous petition stands allowed.