[2026:JHHC:7775] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 96 of 2026 1. Narendra Nath Pandey @ Naru Pandey @ Narendranath Pandey, aged about 63 years. 2. Rajesh Kumar Pandey @ Sadhu, aged about 41 years. 3. Naba Kumar Pandey @ Naba Pandey @ Nab Kumar Pndey aged about 50 years. Petitioners No. 1 to 3 are sons of Late Gauri Kant Pandey @ Gauri Chandra Pandey 4. Sefali Devi @ Sefali Pandey @ Shefali Pandey, aged about 58 years, wife of Vishwanath Pandey 5. Achinta Kumar Pandey @ Lalu Pandey @ Achint Kumar Pandey, aged about 29 years, son of Narendra Nath Pandey @ Naru Pandey @ Narendranath Pandey @ Naru All are residents of Vill-Parbahal, P.O. Gamhari, P.S. Chandankiyari, District-Bokaro. 6. Subhankar Kumar Pandey @ Subodh Kumar Pandey @ Shubhankar Pandey, aged about 48 years, son of Late Gauri Kant Pandey @ Gauri Chandra Pandey, resident of Kandra Bazar, P.O. and P.S.- Dhanbad, District Dhanbad. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. A.K. Sahani, Advocate. For the State : Mr. Jitendra Pandey, A.P.P. ------ 04/ 19.03.2026 Heard learned counsel appearing for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Chandankiyari (Barmasia O.P.) P.S. Case No. 99 of 2016, registered for the offence under Sections 302/34 of the Indian Penal Code, pending in the court of learned S.D.J.M., Bokaro. [2026:JHHC:7775] -2- 3. Learned counsel appearing for the petitioners submits that the entire family members have been made accused and the case was registered as Chandankiyari (Barmasia O.P.) P.S. Case No. 99 of 2016, which was investigated by the police and final form has been submitted and the petitioners have not been sent up for trial. He next submits that the learned court by way of differing with the said final form has taken the cognizance and summons have been issued against the petitioners. 4. Learned A.P.P appearing for the State has opposed the prayer and submits that the final form has been submitted, however, the learned court differing with the said final form has been pleased to take cognizance. 5. There is no doubt that the learned court is empowered to take cognizance differing with the final form, however, cogent reasons are required to be disclosed. In the order taking cognizance what are the materials for taking cognizance against the petitioners after filing the final form has not been disclosed and in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-19.03.2026 Amitesh/-