Jharkhand High Court
Prakash Chandra Yadav vs The State Of Jharkhand on 4 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1459 of 2021
Prakash Chandra Yadav
@ Mungeri Yadav ..... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate.
Mr. Vikash Kumar, Advocate.
For the State : Mr. P.K. Chatterjee, A.P.P.
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03/ 04.08.2021 Heard Mr. R.S. Mazumdar, learned Senior Counsel appearing for the
petitioner and Mr. P.K. Chatterjee, learned counsel appearing for the State.
2. 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.
3. This criminal miscellaneous petition has been filed for quashing of
the order dated 01.06.2021, whereby Non-bailable warrant of arrest has been
issued against the petitioner and also for quashing of the order dated 06.07.2021,
whereby process under section 82 Cr.P.C. has been issued against the petitioner, in
connection with Taljhari P.S. Case No. 77 of 2021, pending in the Court of learned
Judicial Magistrate, 1st Class, Rajmahal.
4. Mr. R.S. Mazumdar, learned senior counsel appearing for the
petitioner submits that the I.O. of the case has submitted before the Court below
that the petitioner's house was raided and the petitioner was found absent.
Learned senior counsel further submits that the FIR was registered on 28.5.2021,
which was received before the Court below on 29.5.2021 and only after two days,
Non-bailable warrant of arrest has been issued against the petitioner. Learned
senior counsel also submits that both the impugned orders are bad in law and
without following the parameters as indicated under section 82 Cr.P.C, process of
82 Cr.P.C. has been issued. He further submits that process of 82 Cr.P.C. has not
been issued in compliance of judgment passed by this Court in the case of
Md. Rustum Alam @ Rustam & Ors. V. The State of Jharkhand, reported in
2020 (2) JLJR 712.
5. On perusal of the order dated 1.6.2021, it transpires that the Non-
bailable warrant of arrest has been issued without issuing any summon and
bailable warrant and the order dated 06.7.2021 also, is not in consonance with
Section 82 Cr.P.C., as there is no indication of Form-IV Cr.P.C., which is statutory
in nature, as held by this court in Md. Rustam Alam @ Rustum & Ors. V. The
State of Jharkhand, reported in 2020 (2) JLJR 712.
6. In that view of the matter, the impugned order dated 01.06.2021,
whereby Non-bailable warrant of arrest has been issued against the petitioner and
also the order dated 06.07.2021, whereby process under section 82 Cr.P.C. has
been issued against the petitioner, in connection with Taljhari P.S. Case No. 77 of
2021, pending in the Court of learned Judicial Magistrate, 1st Class, Rajmahal, are
hereby, quashed. The matter is remitted back to the Court of learned Judicial
Magistrate, 1st Class, Rajmahal to proceed afresh in terms of the Code of Criminal
Procedure and the judgment passed by this Court in the case of Md. Rustum Alam
@ Rustam & Ors. (Supra).
7. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
