Champa Das vs The State Of Jharkhand
2021 Latest Caselaw 4626 Jhar

                                    1

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2109 of 2021

1. Champa Das
2. Lokenath Das
3. Tarak Das @ Amit Das                          ...... Petitioners
                       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. Binod Kr. Dubey, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P.

5/Dated: 06/12/2021 Heard Mr. Binod Kr. Dubey, learned counsel for the petitioners and

Mr. Prabhu Dayal Agrawal, learned counsel for the State.

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

24.08.2005 passed by learned Chief Judicial Magistrate, Latehar in connection

with Chandwa P.S. Case No. 84/2004, corresponding to G.R. Case No.

410(A)/2004 whereby process under sections 82/83 Cr.P.C. has been issued

against the petitioners. Further prayer has been made for quashing of order

dated 24.08.2012 by which again process under section 82/83 Cr.P.C. has been

issued against the petitioner by the learned Additional Sessions Judge 1st at

Latehar. Further prayer has been made for quashing of order dated 22.09.2016

passed in S.T. No. 7A/2009 arising out of Chandwa P.S. Case No. 84/2004

whereby the petitioners have been declared absconder.

3. Mr. Binod Kr. Dubey, learned counsel for the petitioners submits

that by order dated 24.08.2005, process under sections 82/83 Cr.P.C. has

been issued without complying the parameter of section 82/83 Cr.P.C. He

submits that only on the basis of petition filed by the I.O., the said order has

been passed. He further submits that the subsequent orders are not in

accordance with law. He submits that process of 82/83 Cr.P.C. has been issued

which is not in accordance with law and not in compliance of 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. Mr. Prabhu Dayal Agrawal, learned counsel for the State submits

the petitioners may appear before the court below on the date fixed by the

Hon'ble Court.

5. From perusal of impugned order dated 24.08.2005, it transpires

that process of 82 Cr.P.C. has been issued, which is not in accordance with law

and not under the parameters of Md. Rustum Alam @ Rustam (supra).

There is no satisfaction recorded by the trial court while issuing such order. As

order dated 24.08.2005 is not in accordance with law, subsequent orders are

not surviving.

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

learned counsel for the parties, the petitioners are directed to appear in the

court below on or before 04.01.2022. If the petitioners appear on or before

such date, the impugned orders shall not be given effect to.

7. It is made clear that if the petitioners fail to appear before the

court below on or before the date assigned by this Court, the concerned court

shall take all the coercive steps against the petitioners.

8. 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/