Kameshewar Prasad Singh, son of late Ram Briksh Singh v. State of Jharkhand
2021-10-22
SANJAY KUMAR DWIVEDI
body2021
DigiLaw.ai
JUDGMENT : Heard Mrs. Ritu Kumar along with Mr. Ram Subhag Singh, learned counsel for the petitioner and Mr. Suraj Verma, learned Spl.P.P. for the opposite party-State. 2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. The petitioner in this petition has challenged the order dated 30.01.2017 passed by the learned Chief Judicial Magistrate, Giridih in connection with Bagodar P.S. Case No. 231 of 2016, T.R. No.3149 of 2017. By virtue of the aforesaid order cognizance has been taken for the offence under section 279/379/414/34 of I.P.C., section 11(A)(D)(K) of Prevention of Cruelty to Animals Act, 1969, Section 47(A)(B)(C)/49/54/56(A)(B)(C) of Transportation of Animal Rules, 1978 and Section 12 of the Bovine Act. 4. Mrs. Ritu Kumar, learned counsel for the petitioner submits that the order is non-speaking. She further submits that nothing has been mentioned as to what are the materials which necessitates issuing summons to the petitioner. She in support of her contention refers to the judgment of this Court passed in the case of Amresh Kr. Dhiraj & Ors. v. The State of Jharkhand & Anr. reported in 2020 (1) JLJR 199 . She also submits that this matter is covered in view of the order passed by the coordinate Bench of this Court dated 17.06.2020 in Cr.M.P. No.573 of 2019. 5. Mr. Suraj Verma, learned Spl.P.P. appears for the State submits that the counter affidavit has not been filed as yet in terms of the order dated 17.10.2019. On perusal of the said order, he fairly submits that this matter is covered by the order passed by the coordinate Bench of this Court in Cr.M.P. No.573 of 2019. 6. On perusal of the impugned order, it transpires that though the court below has mentioned that he has perused the charge sheet and found prima facie material against the petitioner but what are the prima facie materials to take cognizance and to summon the petitioner has not been mentioned in the impugned order. In a mechanical manner, the impugned order has been passed.
In a mechanical manner, the impugned order has been passed. Now considering the submissions of the petitioner and the judgment cited above by the learned counsel for the petitioner, I am inclined to allow this application. Accordingly, the order dated 30.01.2017 passed by learned Chief Judicial Magistrate, Giridih in connection with Bagodar P.S. Case No. 231 of 2016, T.R. No.3149 of 2017 is, hereby, quashed. The matter is remanded to the court below for passing order afresh. 7. Accordingly, this petition stands allowed and disposed of.