Special (POCSO) case was set aside as no reason was assigned for the cognizance order – Jharkhand high court
A petition demanding the quashing of entire criminal proceedings and order taking cognizance in Special (POCSO) Case No.22 of 2020 was disposed of because the court found the reason for taking cognizance not reliable the judgment was given by a single bench of HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI in the case of Ram Nandan Paswan versus The state of Jharkhand (Cr.M.P.No.2356 of 2021)
The learned counsel appearing on behalf of the petitioner submits that a petitioner is an old man of about 67 years and the entire allegation against the accused is false and these allegations are made because the wife of the petitioner has lodged an FIR being SC/ST Birsa Nagar P.S.Case No.11/2019 against the informant and other co-accused persons and in against of it the false case has been made. The counsel further submits that the I.O investigated and submitted the final form showing a lack of evidence against the accused and despite this investigation, the learned court has granted cognizance against the accused and there is no strong reason given on differing and it is a well-settled rule of law that no detailed order is required to be made for passing any order or for summoning the accused and there is no probable doubt that the concerned court should differ and it is within the jurisdiction of the court but to take cognizance or for that reason is required to be disclosed in the order. which has not been done in the case in hand reference has been made to the case of “Nupur Talwar v. Central Bureau of Investigation and Another”, (2012) 11 SCC 465.
The learned court finds that the court has differed from the charge sheet and taken cognizance against a settled rule of law and the reason has not been assigned as to why cognizance is required to be taken against the accused and with this the court decides that corresponding to Sidhgora P.S. Case No.169 of 2019 pending in the court of learned Additional Sessions Judge cum Special Judge (POCSO), is set aside.
Judgment reviewed by Naveen Sharma