Wajef Ansari @ Jaif Ansari @ vs The State Of Jharkhand
2021 Latest Caselaw 4881 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No. 2203 of 2021

      Wajef Ansari @ Jaif Ansari @
      Md. Hozaifa Ansari @
      Wajif Ansari @ Md. Hozaifa                   .....   ... 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. K.S. Nanda, Advocate
      For the State           :        Mrs. Vandana Bharti, A.P.P.
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04/ 16.12.2021 Heard Mr. K.S. Nanda, learned Counsel appearing for the petitioner and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.

2. This criminal miscellaneous petition has been filed for quashing of the order dated 01.12.2018, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Giridih (M) P.S. Case No. 45 of 2009, pending in the Court of learned S.D.J.M., Giridih.

3. Mr. K.S. Nanda, learned counsel appearing for the petitioner submits that the concerned Court has passed the said order without following the parameters as indicated under section 82 Cr.P.C. as held in the case of Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712.

4. Mrs. Vandana Bharti, learned A.P.P. appearing for the State submits that the process under Section 82 Cr.P.C. has been issued upon execution of the non-bailable warrant. She submits that there is no illegality in the said order.

5. On perusal of the said order, it transpires that on the prayer of the I.O., the concerned Court has passed the order and process under Section 82 Cr.P.C. has been directed to be issued against the petitioner. There is no satisfaction of the concerned court in the order dated 01.12.2018 and also 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 [specially in paras-22 and 23 thereof].

6. In that view of the matter, the impugned order dated 01.12.2018, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Giridih (M) P.S. Case No. 45 of 2009, pending in the Court of learned S.D.J.M., Giridih, is hereby, quashed. The matter is remitted back to the Court of learned S.D.J.M., Giridih 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/-