Kishor Prabhat @ Kishore Prabhat vs The State Of Jharkhand
2021 Latest Caselaw 483 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No. 2806 of 2020
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Kishor Prabhat @ Kishore Prabhat ... Petitioner

-versus-

           1. The State of Jharkhand
           2. Niranjan Sardar                   ...        Opposite Parties
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               CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                   THROUGH VIDEO CONFERENCING
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For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate For the State: Mr. Sandeep Verma, A.C. to Sr.SC III

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4/ 02.02.2021 Heard learned counsel for the petitioner 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.

Petitioner, in this criminal miscellaneous petition, has challenged the part of the order dated 29.07.2019 passed in Golmuri (Burma Mines) Police Station Case No.106 of 2014 (G.R. No.1568 of 2014), whereby processes under Section 82 of the Code of Criminal Procedure has been issued.

Counsel for the petitioner submits that wrongly he has challenged the attachment order in terms of Section 83 of the Code of Criminal Procedure, but, the Court below has not issued attachment order in respect of the petitioner.

I have gone through the order dated 29.07.2019. The Court below has issued processes under Section 82 of the Code of Criminal Procedure. The Court below has recorded that the Non-bailable warrant of arrest has already been issued and the Service Report is available on record. The Court below did not record any subjective satisfaction that it is not possible to execute the warrant of arrest. Without recording the subjective satisfaction, basing on the records of the case processes under Section 82 of the Code of Criminal Procedure cannot be issued. Further, no date and time has been given in the said order pursuant to which the petitioner has to appear. Further the order is also 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, I am inclined to allow this criminal miscellaneous petition. The order dated 29.07.2019 passed in Golmuri (Burma Mines) Police Station

Case No.106 of 2014 (G.R. No.1568 of 2014) 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).

This criminal miscellaneous petition is, accordingly, allowed.

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