Malay Dutta vs The State Of Jharkhand
2021 Latest Caselaw 633 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr.M.P. No. 22 of 2021
                                                -------

                Malay Dutta                                 .... Petitioner(s).
                                                    Versus
                The State of Jharkhand                      .... Opp. Party(s).
                                           ------
           CORAM         :     HON'BLE MR. JUSTICE ANANDA SEN.
                               Through: Video Conferencing
                                                    ------
           For the Petitioner(s)          : Mr. Rajesh Kumar, Advocate.
           For the State                  : Mr. Amitesh Kr Geasen, AC to SC-I.
                                          .........

04/09.02.2021:          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.

Heard the counsel for the parties.

By way of filing this petition, the petitioner has prayed for quashing the order dated 01.08.2017 by which, the learned JM, 1st Class, East Singhbhum, Jamshedpur has issued process under Section 82 Cr.P.C in connection with Sitaram Dera P.S. Case No. 45/2015, corresponding to G.R. No. 576 of 2015.

Learned counsel for the petitioner submits that the order impugned is absolutely cryptic and non-speaking, thus this type of order cannot be sustained.

Since the order impugned is absolutely cryptic and the same is not in consonance with the order passed by this Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand), impugned order dated 01.08.2017 is set aside.

The matter is remitted to the court below to pass an 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 allowed.

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