Sanjay Kumar Sahu vs The State Of Jharkhand
2021 Latest Caselaw 4625 Jhar

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       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2613 of 2021

  Sanjay Kumar Sahu, aged about 20 years, son of Janki Devi, resident of
  village Hesalaung, P.O. Macculuskiganj, P.S. Maccluskiganj, District-
  Ranchi, Jharkhand                                   ...... 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 Petitioners : Mr. Mukesh Kr. Mehta, Advocate For the State : Mr. Rajneesh Vardhan. A.P.P.

3/Dated: 06/12/2021 Heard Mr. Mukesh Kr. Mehta, learned counsel for the petitioner and

Mr. Rajneesh Vardhan, learned counsel for the State.

2. The present petition has been filed for quashing of order dated

11.08.2021 passed in connection with Narayanpur P.S. Case No. 137 of 2017,

corresponding to G.R. No. 736 of 2017 whereby process of 82 Cr.P.C. has been

issued against the petitioner, pending in the Court of learned S.D.J.M, Jamtara.

3. Learned counsel for the petitioner submits that this case arises

out of I.T. Act and the amount in question is Rs. 8,800/- which has been

deposited in the concerned court. Thereafter bail petition of the petitioner has

been rejected. He submits that in the impugned order there is no indication of

date and time in Form-IV Cr.P.C. which is mandatory under the law laid down

in the judgment passed by this Court in the case of "Md. Rustum Alam @

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

712.

4. Learned counsel for the State fairly submits that there is no

indication of date and time in the Form-IV Cr.P.C.

5. In view of the above facts and considering the submission of the

learned counsel for the parties, it appears that mandatory provision laid down

in the case of "Md. Rustum Alam @ Rustam has not been followed in the

impugned order. Accordingly, impugned order 11.08.2021 passed in

connection with Narayanpur P.S. Case No. 137 of 2017, corresponding to G.R.

No. 736 of 2017 whereby process of 82 Cr.P.C. has been issued against the

petitioner, is hereby quashed.

6. The matter is remitted back to the court of learned S.D.J.M,

Jamtara to proceed afresh in accordance with law.

7. With the aforesaid observation and direction, this criminal

miscellaneous petition is allowed and disposed of. I.A., if any, stands disposed

of.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/