Poonam Sinha vs The State Of Jharkhand
2021 Latest Caselaw 463 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr. M.P. No.1494 of 2020
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                    Poonam Sinha                             ...  Petitioner
                                               -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 Petitioner :      Mr. Abhay Kumar Mishra, Advocate
                    For the State:            Ms. Nehala Sharmin, A.P.P.
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   4/ 01.02.2021          Heard learned counsel for the petitioner and the 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.

Petitioner has challenged the order dated 28.02.2020 passed in Bariatu Police Station Case No.324 of 2013 (G.R. No.5170 of 2013), by which processes under Section 82 of the Code of Criminal Procedure have been issued.

I have gone through the entire order. I find that in the impugned order, the independent satisfaction of the Court below has not been recorded. Further the date and time when the petitioner has to appear pursuant to the processes under Section 82 of the Code of Criminal Procedure has also not been mentioned. The said order 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.

Thus, the order dated 28.02.2020 passed in Bariatu Police Station Case No.324 of 2013 (G.R. No.5170 of 2013) is 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).

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