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2025 DAILYLAW 32226 (JHR)

RAJNEESH SRIVASTAVA v. THE STATE OF JHARKHAND

Cr.M.P./3761/2022 · 2025-12-03

Anil Kumar Choudhary

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Judgment text

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(2025:JHHC:36849) 1 Cr. M. P. No. 3761 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 3761 of 2022 ------ Rajneesh Srivastava, aged abut 42 years, son of late K.P. Srivastava, resident of Duplex No. 52, Gayatri Homes, Baliguma, PO & PS – Sankosai, Mango, Jamshedpur, District- East Singhbhum, Jharkhand, presently residing at Flat No. M – 13/ 116 / 04, Gautam Nagar, PO & PS – Andruganj, District- South Delhi, New Delhi. … … Petitioner Versus 1. The State of Jharkhand. 2. Arti Srivastava, wife of Rajneesh Srivastava and daughter of Baban Prasad, presently residing at Duplex No. 52, Gayatri Homes, Baliguma, PO & PS – Sankosai, Mango, Jamshedpur, District- East Singhbhum (Jharkhand). … … Opp. Parties ------ For the Petitioner : Mr. Anurag Kashyap, Advocate : Ms. Supriya Dayal, Advocate : Ms. Komal Narayan, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl. P.P. For the Opp. P. No. 2 : None ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though notice has been validly served upon the Opposite Party No. 2 but no one turns up on behalf of the Opposite Party No.2 in spite of repeated calls. 3. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal (2025:JHHC:36849) 2 Cr. M. P. No. 3761 of 2022 Procedure, with the prayer to quash the entire criminal proceeding including the order dated 23.03.2020 passed by learned Judicial Magistrate 1st Class, Jamshedpur, whereby and whereunder summons have been issued against the petitioner in Complaint Case No. 1979 of 2019 without mentioning the offences punishable under Sections 498A, 406, 420, 500, 506, 120(B) and 34 of the Indian Penal Code, in respect of which the learned Judicial Magistrate, 1st Class found sufficient ground for proceeding against the petitioner who is the accused person of this case. 4. Learned counsel for the petitioner submits that in the impugned order dated 23.03.2020 passed in Complaint Case No. 1979 of 2019 by the learned Judicial Magistrate, 1st Class, Jamshedpur has failed to mention the offence regarding which the concerned Court found sufficient material to proceed with in the case. Hence, the same being not sustainable in law, is liable to be quashed and set aside. 5. Learned Spl. P.P. submits that this Cr. M.P. having no merit, be dismissed. 6. Having heard the submissions made at the bar and after going through the materials on record, it is pertinent to mention here that the Court which passes the summoning order must mention the offence in respect of which such Court found sufficient material or prima facie case or takes cognizance for proceeding against the accused person of the case but as in this case, the learned Judicial Magistrate 1st Class, Jamshedpur (2025:JHHC:36849) 3 Cr. M. P. No. 3761 of 2022 has failed to mention the specific offence, in respect of which it found sufficient ground to proceed against the petitioner, hence, in the considered opinion of this Court, the impugned order dated 23.03.2020 passed in Complaint Case No. – 1979 of 2019 by the Court of learned Judicial Magistrate 1st Class, Jamshedpur is quashed and set aside. The case is remitted back to the Court of learned Judicial Magistrate, 1st Class, Jamshedpur to pass a fresh order in accordance with law. 7. Accordingly, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated:-03rd December 2025 AFR/ Aditi Uploaded On - 15/12/2025