IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1439 of 2024 Sunny Kumar Saw @ Shani Kumar Saw, aged about 24 years, son of late Ravindra Saw, resident of vill.- Chianki Tetariya Tola, P.O.- Chianki, P.S.- Sadar (Daltonganj), District- Palamau (Jharkhand) … Petitioner - Versus - 1. The State of Jharkhand 2. Gayatri Kunwar, aged about 52 years w/o late Tulshi Saw, vill- Suwa Tola Patkholiya, P.O.- Chianki, P.S.- Sadar Daltonganj, Dist.- Palamau. … Opp. Parties ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Prabhash Kumar, Advocate : Mr. Ganesh Ram, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P. --- 07/27.02.2025 Heard the parties. The petitioner has filed this application for quashing the entire criminal proceeding in connection with Daltonganj Sadar P.S. Case No.66 of 2022, corresponding to G.R. No.1892 of 2022 for quashing of order dated 25.11.2022 whereby cognizance has been taken under Sections 457, 380, 411 of the I.P.C. passed by learned C.J.M., Palamau. From the perusal of order dated 25.11.2022, it appears that the learned Chief Judicial Magistrate, Palamau has stated that “Perused the case diary, charge sheet and the entire case record. On the careful perusal charge-sheet, case diary, postmortem repot, a prima-facie case for the offence under Sections 302/34 of the I.P.C., has been made out against accused persons named in column no.11 of the charge sheet namely Bobby Kumar @ Vikash Saw, S/o Late Ravindra Saw, 2. Shani Kumar Saw, S/o Late Ravindra Saw. Also witness namely 1. Gaytri Kunwar (Informant), 2. Manoj Kumar Saw, 3. Manoj Kumar Prasad, 4. Samal Ahmad, 5. Akhilesh Prasad, 6. Santosh Prasad have supported the prosecution case and there are ample materials available on case record to proceed the case against aforesaid accused persons. Accordingly, cognizance of the offence u/s Sections 457, 380, 411 of the I.P.C. against aforesaid accused persons, is taken.” From the perusal of which, it appears that the order taking cognizance has been passed in a very mechanical manner. -2- Accordingly, order dated 25.11.2022 is set aside. The matter is remanded back to the learned C.J.M., Palamau for passing a fresh order. This Cr. M.P. is disposed of with aforesaid observation. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Jay/-