Shiv Dutt Sharma @ Sambhu Sharma vs The State Of Jharkhand
2021 Latest Caselaw 453 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. M.P. No.2522 of 2020
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1. Shiv Dutt Sharma @ Sambhu Sharma

2. Paritosh Kumar Singh ... Petitioners

-versus-

           The State of Jharkhand                   ...  Opposite Party
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                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                    THROUGH VIDEO CONFERENCING
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           For the Petitioners :     Mr. Indrajit Sinha, Advocate
           For the State:            Ms. Lily Sahay, A.P.P.
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4/ 01.02.2021    Heard learned counsel for the petitioners and learned counsel

appearing for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11.00 a.m. They have no complain in respect to the audio and video clarity and quality.

Counsel for the petitioners submits that there being no judicial order directing issuance of non-bailable warrant of arrest, the Court below has directly issued processes under Section 82 of the Code of Criminal Procedure vide order dated 26.02.2019 in Bariatu Police Station Case No.62 of 2014 (G.R. No.1065 of 2014). He submits that the order dated 26.02.2019 shows complete non-application of mind and the same is not in consonance with the order passed by this Court in the case of Md. Rustum Alam @ Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR 712.

I have gone through the entire ordersheet. I find that nowhere by the Court below non-bailable warrant of arrest was issued against the petitioners. Without issuing non-bailable warrant of arrest, the Court below has issued processes under Section 82 of the Code of Criminal Procedure by a one line order without recording any satisfaction. The order dated 26.02.2019 is absolutely bad, cryptic and not in conformity with the order passed by this Court in the case of Md. Rustum Alam @ Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR 712. Accordingly, the order dated 26.02.2019 passed in Bariatu Police Station Case No.62 of 2014 (G.R. No.1065 of 2014) is hereby set aside. All the consequential orders viz. attachment order in terms of Section 83 of the Code of Criminal Procedure and directing for coercive steps as against the petitioners, abovenamed, are also

hereby set aside. The matter is remanded to the Court below to pass fresh order in accordance with law and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Others (supra).

This criminal miscellaneous petition is, accordingly, allowed.

(Ananda Sen, J.) Kumar/Cp-03