Jairaj Singhdeo @ Jayraj Singhdeo vs The State Of Jharkhand
2021 Latest Caselaw 626 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No.1505 of 2020
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Jairaj Singhdeo @ Jayraj Singhdeo ... 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. Ram Chandra Prasad Sah, Advocate For the State: Mr. Shailesh Kumar Sinha, A.P.P.

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5/ 09.02.2021 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.

2. Order dated 20.05.2017 passed by the Chief Judicial Magistrate in Bistupur Police Station Case No.33 of 2016 (G.R. No.390 of 2016), by which processes under Section 82 of the Code of Criminal Procedure have been issued and the order dated 19.06.2017 by which attachment order in terms of Section 83 of the Code of Criminal Procedure has been issued is under challenge.

3. After hearing the parties, I have gone through the order dated 20.05.2017 passed by the Court. The grounds mentioned therein are absolutely dehors the provisions of Section 82 of the Code of Criminal Procedure. Merely, because a person is required for investigation is not a ground for issuing processes under Section 82 of the Code of Criminal Procedure. Further, no date and time has been mentioned as to when the petitioner has to appear pursuant to the processes under Section 82 of the Code of Criminal Procedure. Further, I also find that no date time has been mentioned even in Form IV of the Code of Criminal Procedure, issued pursuant to the order dated 20.05.2017, pursuant to which the petitioner has to appear. The relevant columns have been kept blank. Similar is the position in respect of order dated 19.06.2017. Both the orders are absolutely bad and are 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 orders dated 20.05.2017 and 19.06.2017 passed in Bistupur Police Station Case No.33 of 2016 (G.R. No.390 of 2016) are

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 versus State of Jharkhand as reported in 2020 (2) JLJR 712.

This criminal miscellaneous petition is, accordingly, disposed of.

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