Shiv Shankar Singh vs The State Of Jharkhand … Opposite … on 24 March, 2026

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    Jharkhand High Court

    Shiv Shankar Singh vs The State Of Jharkhand … Opposite … on 24 March, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                  ( 2026:JHHC:8433 )
    
    
    
    
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No.1389 of 2024
                                          ------
    

    Shiv Shankar Singh, aged about 44 years, S/o Late Baba Singh,
    Resident of Tapowan Colony, Post Office-Kokar, Police Station-
    Sadar (Ranchi), District-Ranchi.

                                                            ...              Petitioner
                                                Versus
                The State of Jharkhand                      ...            Opposite Party
                                                 ------
                 For the Petitioner        : Mr. Arpit Kumar, Advocate
                                           : Ms. Rupa Chandra, Advocate
                 For the State             : Mr. Sunil Kr. Dubey, Addl.P.P.
                                                  ------
                                            PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    By the Court:-    Heard the parties.
    
    

    2. This Criminal Miscellaneous Petition has been filed invoking the

    SPONSORED

    jurisdiction of this Court under Section 482 of the Code of Criminal

    Procedure with a prayer to quash and set aside the order taking

    cognizance dated 20.12.2018 passed by the learned Judicial Magistrate,

    Ghatsila, East Singhbhum in connection with Galudih P.S. Case No.29 of

    2017 corresponding to G.R. Case No.356 of 2017 and a further prayer has

    also been made to quash the order taking cognizance dated 03.07.2024

    passed by the learned ACJM, Ghatsila in the said case.

    3. The brief fact of the case is that the petitioner is the accused person

    of Galudih P.S. Case No.29 of 2017 inter alia the allegation against the

    petitioner is that the petitioner was assisting in concealment of stolen

    property. Police after investigation of the case submitted charge sheet

    1 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    inter alia against the petitioner for having committed the offences

    punishable under Section 419, 420, 414 & 34 of the Indian Penal Code and

    on the basis of the charge sheet submitted by the police, the learned

    Judicial Magistrate, Ghatsila, East Singhbhum took cognizance of the said

    offences in respect of which the charge sheet was submitted. The co-

    accused person namely Ram Avtar Rajgariya @ Ram Avtar Rajgarhia filed

    Cr.M.P. No.2853 of 2019 challenging the said order dated 20.12.2018

    passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum. The

    Co-ordinate Bench of this Court vide order dated 10.12.2019 passed in the

    said Cr.M.P. found that the learned Judicial Magistrate, Ghatsila, East

    Singhbhum while issuing summons has not whispered as to what are the

    materials to proceed against the petitioner, thus, it was observed that

    there is no application of judicial mind in passing the order impugned; as

    the court has not formed opinion that there are sufficient grounds to

    proceed and as the order impugned does not reflect any application of

    judicial mind, reliying upon the judgment of the Hon’ble Supreme Court

    of India in Cr. Appeal No.1843 of 2019 dated 05.12.2019 and set aside the

    order dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila,

    East Singhbhum whereby cognizance has been taken against the

    petitioner, but it was observed that the Magistrate is at liberty to proceed

    further against the petitioner in accordance with law.

    4. Another co-accused namely Vishal Kumar Shah @ Vishal Shah also

    filed Cr.M.P. No.2188 of 2022 with the self-same prayer and vide order

    dated 07.09.2022 another Co-ordinate Bench of this Court set aside the

    2 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    order dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila,

    East Singhbhum whereby cognizance has been taken against the

    petitioner of that Cr.M.P. for the offences punishable under Section 419,

    420, 414 & 34 of the Indian Penal Code. Consequent upon the same when

    in this Cr.M.P., it was submitted by the petitioner that the learned ACJM,

    Ghatsila has not passed any order, though in both the orders passed in the

    said two criminal miscellaneous petitions, the Co-ordinate Benches given

    liberty to the learned ACJM, Ghatsila to proceed further in accordance

    with law; bypassing express order in this criminal miscellaneous petition,

    report was called for from the learned Judicial Magistrate, Ghatsila, East

    Singhbhum as to why a fresh reasoned and speaking order in respect of

    the cognizance has not been passed. Consequent upon receipt of such

    orders, the learned ACJM, Ghatsila has passed a reasoned order and has

    taken cognizance of the offences punishable under Section 419, 420, 414 &

    34 of the Indian Penal Code against the petitioner and one Rama Shankar

    Singh.

    5. Learned counsel for the petitioner submits that the order dated

    03.07.2024 is the second cognizance in respect of the petitioner which is

    not sustainable in law. It is next submitted that in the impugned order, it

    has not been mentioned by the learned ACJM, Ghatsila as to though

    charge sheet has been submitted against 4 persons, why it has mentioned

    that cognizance of the offence is taken against only two of the persons and

    why it did not find it proper to proceed against the rest two persons

    3 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    against whom charge sheet has also been submitted. It is lastly submitted

    that the prayer as prayed for by the petitioner in this Cr.M.P., be allowed.

    6. Learned Addl.P.P. appearing for the State on the other hand

    vehemently opposes the prayer of the petitioner made in the instant

    Cr.M.P and submits that cognizance of the offences is taken by a court

    and cognizance is not taken against the accused persons, so the

    consequences of the orders passed by the co-ordinate benches dated

    10.12.2019 in Cr.M.P. No.2853 of 2019 and order dated 07.09.2022 in

    Cr.M.P. No.2188 of 2022 is that the cognizance of the offence taken by the

    order dated 20.12.2018 stands set aside because of the same being not a

    reasoned order, but since both the co-ordinate benches have given the

    liberty to the learned Magistrate to proceed further in accordance with

    law; the only option open for the learned ACJM, Ghatsila was to pass

    fresh cognizance order, so no illegality has been committed by the learned

    ACJM, Ghatsila in passing the impugned order. Therefore, it is submitted

    that this Cr.M.P., being without any merit, be dismissed.

    7. Having heard the rival submissions made at the Bar and after

    carefully going through the materials available in the record, it is

    pertinent to mention here that both the co-ordinate benches have relied

    upon the judgment of the Hon’ble Supreme Court of India in the case of

    Mahilpal vs. Rajesh Kumar @ Polia & Another dated 05.12.2019 passed

    in Cr. Appeal No.1843 of 2019.

    8. True it is that in the said case of Mahilpal vs. Rajesh Kumar @

    Polia & Another dated 05.12.2019 passed in Cr. Appeal No.1843 of 2019,

    4 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    in para-23, the Hon’ble Supreme Court of India have mentioned that

    merely recording “having perused the record” and “on the facts and

    circumstances of the case” does not sub-serve the purpose of a reasoned

    judicial order, but such observation was made not in respect of an order

    passed by a Magistrate in respect of the cognizance of the offences on the

    basis of the charge sheet submitted by the police rather the same was

    observed in respect of an order of the Single Judge of the High Court

    passed in a bail order; without a sound exercise of judicial discipline for

    an order granting or rejecting bail, to record the reasons which have

    waived with the court for the exercise of its discretionary power.

    9. It is a settled principle of law that at the stage of issuing summons

    to the accused based on a police report, Magistrate is not required to

    record any reason, as has been observed by the Hon’ble Supreme Court of

    India in the case of State of Gujarat vs. Afroz Mohammed Hasanfatta

    reported in (2019) 20 SCC 539 paragraph-23 of which reads as under:-

    “23. Insofar as taking cognizance based on the police
    report is concerned, the Magistrate has the advantage of the
    charge-sheet, statement of witnesses and other evidence
    collected by the police during the investigation. Investigating
    officer/SHO collects the necessary evidence during the
    investigation conducted in compliance with the provisions of
    the Criminal Procedure Code and in accordance with the rules
    of investigation. Evidence and materials so collected are sifted
    at the level of the investigating officer and thereafter, charge-
    sheet was filed. In appropriate cases, opinion of the Public
    Prosecutor is also obtained before filing the charge-sheet. The
    court thus has the advantage of the police report along with
    the materials placed before it by the police. Under Section
    190(1)(b)
    CrPC, where the Magistrate has taken cognizance of
    an offence upon a police report and the Magistrate is satisfied
    that there is sufficient ground for proceeding, the Magistrate
    directs issuance of process. In case of taking cognizance of an
    offence based upon the police report, the Magistrate is not

    5 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    required to record reasons for issuing the process. In cases
    instituted on a police report, the Magistrate is only required
    to pass an order issuing summons to the accused. Such an
    order of issuing summons to the accused is based upon subject
    to satisfaction of the Magistrate considering the police report
    and other documents and satisfying himself that there is
    sufficient ground for proceeding against the accused. In a case
    based upon the police report, at the stage of issuing the
    summons to the accused, the Magistrate is not required to
    record any reason. In case, if the charge-sheet is barred by law
    or where there is lack of jurisdiction or when the charge-sheet
    is rejected or not taken on file, then the Magistrate is required
    to record his reasons for rejection of the charge-sheet and for
    not taking it on file.” (Emphasis supplied)

    10. It is further pertinent to mention here that the interference with the

    police report at the stage of taking cognizance by the Magistrate is limited

    as has been observed by the Hon’ble Supreme Court of India in the case of

    State of Gujarat vs. Girish Radhakrishnan Varde reported in (2014) 3

    SCC 659, paragraph-15 of which reads as under:-

    “15. The question, therefore, emerges as to whether the
    complainant/informant/prosecution would be precluded from
    seeking a remedy if the investigating authorities have failed in
    their duty by not including all the sections of IPC on which
    offence can be held to have been made out in spite of the facts
    disclosed in the FIR. The answer obviously has to be in the
    negative as the prosecution cannot be allowed to suffer
    prejudice by ignoring exclusion of the sections which
    constitute the offence if the investigating authorities for any
    reason whatsoever have failed to include all the offences into
    the charge-sheet based on the FIR on which investigation had
    been conducted. But then a further question arises as to
    whether this lacunae can be allowed to be filled in by the
    Magistrate before whom the matter comes up for taking
    cognizance after submission of the charge-sheet and as already
    stated, the Magistrate in a case which is based on a police
    report cannot add or subtract sections at the time of taking
    cognizance as the same would be permissible by the trial court
    only at the time of framing of charge under Sections 216, 218
    or under Section 228 CrPC as the case may be which means
    that after submission of the charge-sheet it will be open for the
    prosecution to contend before the appropriate trial court at the

    6 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    stage of framing of charge to establish that on the given state
    of facts the appropriate sections which according to the
    prosecution should be framed can be allowed to be framed.
    Simultaneously, the accused also has the liberty at this stage
    to submit whether the charge under a particular provision
    should be framed or not and this is the appropriate forum in a
    case based on police report to determine whether the charge
    can be framed and a particular section can be added or
    removed depending upon the material collected during
    investigation as also the facts disclosed in the FIR and the
    charge-sheet.” (Emphasis supplied)

    wherein the Hon’ble Supreme Court of India has categorically laid

    down the law that if the investigating authorities for any reason

    whatsoever have failed to include all the offences into the charge-sheet

    based on the F.I.R. on which investigation has been conducted, the

    Magistrate before whom the matter comes up for taking cognizance after

    submission of the charge-sheet, cannot fill up the lacunae and the

    Magistrate in a case which is based on a police report cannot add or

    subtract sections at the time of taking cognizance; as the same would be

    permissible for the trial court only at the time of framing the charge.

    11. Be that as it may since it is a settled principle of law that the

    cognizance of the offence is taken and cognizance is not taken against the

    accused persons, this Court has no hesitation in holding that the

    consequences of the orders dated 10.12.2019 in Cr.M.P. No.2853 of 2019

    and order dated 07.09.2022 in Cr.M.P. No.2188 of 2022, the cognizance of

    the offences taken by the learned Judicial Magistrate, Ghatsila, East

    Singhbhum has been set aside.

    12. The consequence of the observation made in both the orders that

    the Magistrate is at liberty to proceed further in accordance with law

    7 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    means the Magistrate must have passed a fresh order in respect of the

    cognizance has the order of cognizance watch not quashed on merits but

    the same was quashed because of lack of reasoning. There was no bar for

    the learned Magistrate to take cognizance of the offences nor was any

    direction given not to pass summoning orders against two petitioners of

    the said Cr.M.P. No.2853 of 2019 and Cr.M.P. No.2188 of 2022, if the

    Learned Additional Chief Judicial Magistrate found sufficient material for

    the same. Therefore, in case the learned Additional Chief Judicial

    Magistrate found in any justifiable reason not to pass any summoning

    order against two of the accused persons out of the four accused persons

    against whom charges sheet was submitted than in that case, it must

    mention the reasons as to why it is not passing the summoning order

    against two out of the four accused persons against whom charges sheet

    has been submitted. After going through the impugned order, this court

    finds that though the charge sheet was submitted against four accused

    persons but in the order dated 03.07.2024 there is no whisper by the

    learned ACJM, Ghatsila passed in G.R. Case No.356 of 2017 as to why it

    felt it not proper to proceed against other two accused persons of the case

    being the petitioners of Cr.M.P. No.2853 of 2019 and Cr.M.P. No.2188 of

    2022 against whom charge sheet was also submitted.

    13. Accordingly, this Court is of the considered view that the order

    dated 03.07.2024 passed by the learned ACJM, Ghatsila in connection with

    Galudih P.S. Case No.29 of 2017 corresponding to G.R. Case No.356 of

    8 Cr. M.P. No.1389 of 2024
    ( 2026:JHHC:8433 )

    2017 is not sustainable in law. Accordingly, the same is quashed and set

    aside.

    14. The learned ACJM, Ghatsila is directed to pass a fresh order in

    respect of the charge sheet submitted by the police; in accordance with

    law, without being prejudiced by this order.

    15. In the result, this Cr.M.P., is allowed to the aforesaid extent.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 24th of March, 2026
    AFR/ Abhiraj

    Uploaded on 28/03/2026

    9 Cr. M.P. No.1389 of 2024



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