Gopal Sodhani And Ors vs State Of Jharkhand And Ors

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 of the Registrar General 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.

The defects stand ignored for the present.

With the consent of the parties, the matter is taken up for hearing on merits.

Heard the parties.

The petitioners are aggrieved by the order dated 19.09.2019, by which the court has taken cognizance for the offence punishable under Sections 323, 504 IPC and, thereafter, issued summon to the petitioners.

Mr. Nilesh Kumar, learned counsel for the petitioners submits that final report was submitted in favour of the petitioners but the court differed with the final report and had taken cognizance. He submits that the order is absolutely bad and cryptic and there is nothing to suggest as to what are the materials against the petitioners. He submits that the court has not even mentioned the reasons and the grounds for differing with the police report.

After going through the impugned order, I find much substance in the submission of Mr. Nilesh Kumar, learned counsel for the petitioners. The court below in a most mechanical manner differed with the police report. The court has not even given the reason as to why he is differing with the police report. Merely writing one line that there are sufficient materials, is not enough to suggest that mind has been applied. Further, I find that nothing has been mentioned in the impugned order as to what are the materials to issue summon against this petitioner. Thus, the order dated 19.09.2019 is liable to be set aside.

Thus, in view of 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", this application is allowed. The impugned order dated 19.09.2019, passed in G.R. Case No. 1549 of 2019, 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.