Devmuni Upadhyay vs The State Of Jharkhand
2021 Latest Caselaw 625 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr.M.P. No. 2468 of 2020
                                              -------

1. Devmuni Upadhyay

2. Prakash Upadhyay

3. Vikash Upadhyay .... Petitioner(s).

                                                 Versus
              1. The State of Jharkhand
              2. Prushotam Sukla                               .... Opp. Party(s).
                                         ------
           CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                              Through: Video Conferencing
                                                 ------
           For the Petitioner(s)         : Mr. Sheo Kumar Singh, Advocate.
           For the State                 : A.C. to G.P.-II.
                                         .........

05/09.02.2021:          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 of the audio and video clarity and quality.

Perused the explanation submitted by the court below. The court below has admitted that subjective satisfaction is missing in the orders impugned dated 12.2.2020 and 26.9.2020 whereby the learned SDJM, Palamau has issued non- bailable warrant of arrest against the petitioners and process under Section 82 Cr.P.C in connection with Chainpur P.S. Case No. 175 of 2019.

While going through the orders impugned, I find that no date and time has been mentioned as to when the petitioners have to appear in pursuance to order dated 26.9.2020.

Since the orders impugned are absolutely cryptic and the same are not in consonance with the order passe by this Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand). Thus, the impugned orders dated 12.2.2020 and 26.9.2020 are set aside.

The matter is remitted to the court below to pass order afresh in accordance with law and also in view of the judgment passed by this Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand).

Accordingly, this petition is disposed of.

The explanation sent by the court below is accepted. However the concerned Magistrate should be cautious in future while passing the judicial order and the same should not be passed mechanically.

      Anu/-C.P.-3                                                             (ANANDA SEN, J.)