Govind Rai vs The State Of Jharkhand
2021 Latest Caselaw 4836 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr.M.P. No. 2800 of 2021
             Govind Rai, aged about 30 years, S/o Gorang Rai, Resident of Village New
             Colony Bagicha, Ramgarh, P.O., P.S. & District- Ramgarh, 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 Petitioner : Mr. Shashi Kant Thakur, Advocate For the Opposite Party-State : Mrs. Nehala Sharmin, A.P.P.

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02/15.12.2021. Heard Mr. Shashi Kant Thakur, learned counsel for the petitioner and

Mrs. Nehala Sharmin, learned A.P.P. for the State.

2. This petition has been taken 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 petition has been filed for quashing the order dated 31.08.2021

passed by the learned Chief Judicial Magistrate, Ramgarh in connection with

Ramgarh P.S. Case No.28 of 2017, corresponding to G.R. Case No.126 of

2017 whereby process under Section 82 Cr.P.C. has been directed to be

issued against the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not

named in the FIR. He further submits that without execution of service of

non-bailable warrant, process under Section 82 Cr.P.C. has been directed to

be issued against the petitioner vide order dated 31.08.2021. He also

submits that there is no subjective satisfaction of the learned court below in

passing such order.

5. Learned A.P.P. for the State submits that there is no illegality in the

impugned order.

6. The Court has perused the impugned order dated 31.08.2021. In the

order dated 31.08.2021, it has been recorded that the execution report of

warrant of arrest is supported with the affidavit of the Investigating Officer

and thereafter process under Section 82 Cr.P.C. has been directed to be

issued against the petitioner. It is not a case that the petitioner was not

knowing about the case as warrant of arrest has been served upon the

petitioner. However, there is no indication of date and time, as held by this

Court in paragraphs 22 and 23 of the judgment delivered in the case of Md.

Rustum Alam @ Rustam and Others v. The State of Jharkhand ,

reported in 2020 (2) JLJR 712.

7. In that view of the matter, the order dated 31.08.2021 passed by the

learned Chief Judicial Magistrate, Ramgarh in connection with Ramgarh P.S.

Case No.28 of 2017, corresponding to G.R. Case No.126 of 2017 is, hereby,

quashed. The matter is remitted back to the concerned court to proceed

afresh, in accordance with law.

8. The petitioner is directed to appear before the concerned court on or

before 08.02.2022 and file an appropriate petition in the concerned court,

which shall be considered by the concerned court, in accordance with law.

9. Accordingly, this petition stands allowed and disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/