Anil Kumar Singh vs State Of Jharkhand
2021 Latest Caselaw 509 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                         Cr. M.P. No. 2422 of 2020
               Anil Kumar Singh...............                             Petitioner(s)
                                        Versus
               State of Jharkhand...........                                 Opp. Party(s)
                                        ......

               Coram: Hon'ble Mr. Justice Ananda                Sen
                        Through:-Video Conferencing
                                             ......
               For the Petitioner                  : Mr. Santosh Kr. Soni, Advocate
               For the State                       : Mr. Anil Kr. Singh, AC to SC-V
                                           ......
 4/03.02.2021               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 complaint in respect to the audio and video clarity and quality.

Heard the parties.

The petitioner, in this application, has challenged the order dated 10.10.2012, by which summon has been issued against him and all the consequential orders.

It appears that without waiting for the service report of summon, warrant of arrest has been issued against the petitioner in this case. Further, on 02.08.2018 process under Section 82 Cr.P.C. has also been issued against him, in spite of the fact that the execution report of the warrant of arrest was not received by the court below.

After hearing the counsel for the parties and on going through the impugned orders, I find that the order passed on 02.08.2018 is absolutely mechanical and does not reflect any subjective satisfaction for issuing process under Section 82 Cr.P.C. In absence of any reason and satisfaction, the order impugned is rendered bad in law Thus, I am inclined to allow this criminal miscellaneous petition. Accordingly, the same is hereby allowed. The impugned order dated 02.08.2018, by which processes under Sections 82 of the Code of Criminal Procedure was issued by the Judicial Magistrate, 1st Class, Bermo at Tenughat in connection with Forest Case No. 20 of 2012, registered for the offence under Section 33, 41, 42, & 52 of the Indian Forest Act, is hereby set aside.

Further all the consequential orders, passed in this case, whereby coercive steps have issued against the petitioner are also set aside. The matter is remitted to the court below to pass a fresh order in accordance with law and in view of the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors- versus- the State of Jharkhand, reported in 2020 (2) JLJR 712".

(Ananda Sen, J) Mukund/-cp.3