Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 730 of 2019
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1. Md. Irfan Sahid, aged about 26 years, S/o. Md. Moin Alam;
2. Md. Fahim Akhtar, aged about 32 years, S/o. Kalimuddin;
3. Washim Haider, aged about 25 years, S/o. Late Reyajuddin Ansari. All are R/o. Vill.- Araruwa Khurd, P.O. & P.S.- Hariharganj, Dist.- Palamau.
4. Imran Khan @ Md. Imran Khan, aged about 28 years, S/o. Samidar Khan, R/o. Hariharganj Road, P.O. & P.S.- Hariharganj, Dist.- Palamau.
5. Md. Mehtab Alam @ Bablu, aged about 30 years, S/o. Late Abdul Kalam Ansari, R/o. Vill.- Banjari, P.O. & P.S.- Hariharganj, Dist.- Palamau, Jharkhand.
… … Petitioners
-Versus -
1. The State of Jharkhand
2. Koshar Pravin, aged about 47 years, W/o. Md. Irfan Sahid, D/o. Late Eltaf Hussain, Presently R/o. Vill. Araruwa Khurd, P.O. & P.S.- Hariharganj, Dist.- Palamau. ... … Opposite Parties
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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
------ For the Petitioners : Md. Zaid Ahmed, Advocate For the State : Mr. P. D. Agrawal, Spl.P.P. For the O.P. No. 02 : Mr. A.K. Dubey, Advocate
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Heard the parties.
2. The petitioners have preferred this Cr.M.P. for quashing of order dated 21.12.2018 passed by the Court of learned Additional Chief Judicial Magistrate, Palamu in connection with C.P. Case No. 1486 of 2018, whereby and wherein, learned A.C.J.M., after enquiry, found prima facie case to be true for the offence against the petitioner no. 1 Md. Irfan Sahid under Section 498A of the I.P.C and also found prima facie case to be true against the remaining petitioners for the offence under Sections 147 & 323 of the I.P.C.
3.
Learned counsel appearing on behalf of the petitioners submitted that the learned Trial Court has passed very cryptic order under Section 204 of the Cr.P.C. It was further submitted that the learned Trial Court should pass a detailed order giving reasons for coming to its judicial satisfaction and coming to the conclusion that Prima facie case was
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made out against the petitioners vide order dated 21.10.2018.
4. From perusal of the impugned order, it appears that very cryptic
order has been passed by the learned Trial Court stating prima facie case has been made out against the petitioners.
5. Accordingly, the impugned order dated 21.12.2018 is set aside.
6. Learned A.C.J.M., Palamu is directed to pass a detailed order stating the reason for finding the prima facie case to be true against the petitioners.
7. The same should be passed within fifteen days from the date of receipt of this order.
8. This Cr. M.P. is allowed. Accordingly, I.A., if any, stands
disposed of.
(Ambuj Nath, J.) Rahul/-