Shivdayal Singh vs The State Of Jharkhand
2021 Latest Caselaw 4911 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr.M.P. No. 724 of 2021

      Shivdayal Singh                                                 ...... Petitioner
                            Versus
                            ...............

 The State of Jharkhand                                       ...... Opposite Party
                              ---------

 CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                      ---------

 For the Petitioner   : Mr. Shyam Sunder Pd. Kushwaha, Advocate
 For the State        : Mr. Jitendra Pandey, A.P.P.

 5/Dated: 17/12/2021

Heard Mr. Shyam Sunder Pd. Kushwaha, learned counsel for the

petitioner and Mr. Jitendra Pandey, learned counsel 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. The present petition has been filed for quashing of order dated

21.12.2020 passed by the learned A.C.J.M., Giridih in connection with Ganday P.S. Case

No. 87/2018, (S.T. No. 63/19), corresponding to G.R. Case No. 2199 of 2018 whereby

process under sections 82 Cr.P.C. was directed to be issued against the petitioner.

4. Mr. Shyam Sunder Pd. Kushwaha, learned counsel for the petitioner

submits that earlier vide order dated 02.01.2019 on the requisition of I.O. warrant of

arrest has been issued and further vide order dated 30.09.2019 on the requisition of

I.O. production warrant has been issued and thereafter vide order dated 21.12.2020

proclamation under section 82 Cr.P.C. has been directed to be issued against the

petitioner. He submits that the petitioner was in jail custody in another case and

N.B.W. was not been served upon him.

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

impugned order.

6. On perusal of order dated 02.01.2019, it transpires that there is no

mention of earlier summon order and notice under section 41A Cr.P.C. In the

impugned order dated 21.12.2020 there is mention of execution report of N.B.W.

Although order dated 21.12.2020 is in terms 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 but procedure has not been done in terms of

Cr.P.C.

7. Accordingly, impugned order dated 21.12.2020 passed by the learned

A.C.J.M., Giridih in connection with Ganday P.S. Case No. 87/2018, (S.T. No. 63/19),

corresponding to G.R. Case No. 2199 of 2018 whereby process under sections 82

Cr.P.C. was directed to be issued against the petitioner, is hereby quashed.

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

10.01.2022 by way of filing bail petition.

9. 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/