VISHAL KUMAR SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) By way of filing this petition under 482 Cr.P.C., the petitioner has prayed for quashing the order dtd. 20/12/2018 passed by the learned Judicial Magistrate, 1st Class, Ghatsila, whereby, the cognizance has been taken against the petitioner under Ss. 419, 420, 414 and 34 IPC in connection with Galudih P.S. Case No. 29/2017 (G.R. No. 356 of 2017).

(3.) Counsel for the petitioner submits that the learned court has committed a grave illegality in taking cognizance for the offence and summoning the petitioner. He further submits that the order impugned does not suggest application of mind while passing the order impugned. He further submits that while issuing the process of summon, the learned court has not recorded his opinion that there are sufficient ground for proceeding against the petitioner. What are the grounds against the petitioner must be reflected in the order, which is missing in the order impugned and thus the order is liable to be set aside.