Jahangir Shah vs The State Of Jharkhand
2021 Latest Caselaw 891 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. M.P. No.2313 of 2020
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           Jahangir Shah                            ...  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 :      Md. Zaid Ahmed, Advocate
           For the State:            Mr. Prabir Kumar Chatterjee, A.P.P.
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5/ 23.02.2021     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.

2. Perused the fresh explanation submitted by the S.D.J.M.-cum- Civil Judge (Jr. Div.I)-cum-P.M. J.J.B., Simdega. After perusing the explanation, I am inclined to accept the same. Concerned Magistrate should be very cautious in future while passing judicial orders.

3. In this criminal miscellaneous petition, petitioner has prayed for quashing the order dated 04.09.2020 passed by the Sub Divisional Judicial Magistrate, Simdega in Kurdeg Police Station Case No.38 of 2017 (G.R. No. 410 of 2017), by which processes under Section 82 of the Code of Criminal Procedure has been issued.

4. After hearing the parties, I have gone through the impugned order. I find that the impugned order is absolutely cryptic and does not fulfill the statutory conditions, which has been laid down in Section 82 of the Code of Criminal Procedure. Subjective satisfaction is missing. The date and time, when the petitioner has to appear is also missing. The order is not in consonance with 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.

5. Considering the aforesaid facts, I am inclined to allow this criminal miscellaneous petition. Accordingly, the order dated 04.09.2020 passed in Kurdeg Police Station Case No.38 of 2017 (G.R. No. 410 of 2017) is hereby set aside. The matter is remanded to the Court below to pass fresh order

strictly in accordance with law and in consonance with 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.

6. This criminal miscellaneous petition is, accordingly, allowed.

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