Shankar Yadav vs The State Of Jharkhand
2021 Latest Caselaw 1593 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr.M.P. No. 116 of 2021
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Shankar Yadav, aged about 32 years, son of Bahadur Yadav, resident of Kachchil, P.O. Ratabahyaar, P.S. Gandey, District-Giridih ... .... .... Petitioner Versus The State of Jharkhand ... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Anuj Trivedi, Advocate For the State : Mr. P.K. Verma, A.P.P

05/05.04.2021 Heard Mr. Anuj Trivedi, learned counsel for the petitioner and Mr.

P.K. Verma, learned counsel for the for the State.

This petition has been heard through Video Conferencing in view of

the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any

technical snag of audio-video and with their consent this matter has been

heard

The present petition has been filed for quashing of order dated

09.11.2020 whereby process under section 82 Cr.P.C. has been issued

against the petitioner in connection with Devipur P.S. Case No. 33 of 2020,

pending in the Court of learned C.J.M, Deoghar.

Learned counsel for the petitioner submits that process under

section 82 Cr.P.C has been issued without adhering the Cr.P.C. and

judgement passed by this Court in the case of Md. Rustam Alam @

Rustam & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR

712. He submits that on 08.03.2021 Form-IV was called, order of no

coercive step was passed and the matter was fixed for orders. Form-IV has

been placed on record. From perusal of Form-IV, it transpires that there is

no mention of place and time of appearance in terms of Cr.P.C. and

judgement of Md. Rustam Alam @ Rustam (supra).

In that view of the matter, impugned order dated 09.11.2020 is

quashed. The matter is remitted back to the court below to proceed strictly

in terms of the Code of Criminal Procedure and the judgment passed by this

Court in the case of Md. Rustam Alam @ Rustam (supra), in accordance

with law.

With the above observation and direction, this criminal

miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-