Subodh Kumar Modi 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 10.30 A.M. They have no complaint in respect to the audio and video clarity and quality.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

In this application, the petitioners have prayed to quash the order dated 17.09.2019, passed by the Judicial Magistrate, 1st Class, Godda in connection with Godda (Town) P.S. Case No. 266 of 2018, whereby cognizance of the offence punishable under Sections 341, 323, 504, 506, 419, 420, 468, 120B of the Indian Penal Code has been taken and, thereafter, summon has been issued against these petitioners to face trial.

Learned senior counsel appearing for the petitioners submits that the cognizance order is absolutely bad and is a non-speaking order. He submits that what are the materials to issue summon have not been whispered in the entire order. He submits that there should be some overt act attributed to each of the petitioners, which would resulting in issuing summon, but, what are the overt act of these petitioners which attract offence under Sections 341, 323, 504, 506, 419, 420, 468, 120B of the Indian Penal Code, has not been whispered and in a most mechanical way summon has been issued.

After going through the record, I find that the Court below has held that there are materials to take cognizance against the accused under Sections 341, 323, 504, 506, 419, 420, 468, 120B of the Indian Penal Code, against these petitioners and thus, issued summon. I also find that the investigation was kept pending for other accused persons. The cognizance is taken on the basis of the charge sheet and the case diary. When an offence is made out, cognizance is taken against the offence and not against the offenders. So far as offender is concerned, he is to be proceeded under Section 204 Cr.P.C., if there is any material to issue summon. What are the materials to issue summon against these petitioners have not been mentioned in the impugned order. The order is one line order and is non-speaking. Thus, I have no other alternative but to set aside the impugned order dated 17.09.2019. Accordingly, the impugned order dated 17.09.2019, passed by the Judicial Magistrate, 1st Class, Godda in connection with Godda (Town) P.S. Case No. 266 of 2018, whereby cognizance of the offence punishable under Sections 341, 323, 504, 506, 419, 420, 468, 120B of the Indian Penal Code, has been taken against these petitioners and summon has been issued to them, is hereby set aside. The matter is remitted to the Court below to pass a fresh speaking order in accordance with the provisions of law.

This criminal miscellaneous petition stands disposed of.