Devmuni Upadhyay vs State Of Jharkhand & Anr
2021 Latest Caselaw 115 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
                State of Jharkhand & Anr.                     .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Sheo Kumar Singh, Advocate FOR THE STATE : Mr. Manoj Kumar, G.P -II

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03/08.01.2021 The order dated 26.9.2020 is absolutely non-speaking. No subjective satisfaction has been recorded by the court below. Further the order is against the provision of law and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. Vrs. State of Jharkhand reported in 2020 (2) JLJR 712.

The judgment passed by this Court in the case of Md. Rustum Alam @ Rustam (Supra) was directed to be circulated to all the Judicial Officers. Inspite of such circulation, this type of order which shows non-application of mind is being passed by the Judicial Officers. This order is a glaring example of the same. Thus, the concerned Judicial Officer must explain as to why inspite of order passed by this Court in the case of Md. Rustum Alam @ Rustam (Supra), this type of order which reflects non-application of mind has been passed by the Court the concerned Judicial Officer.

Let a copy of this order be handed over to Judicial Magistrate who has passed the order dated 26.9.2020 in connection with Chainpur P.S Case No. 175 of 2019 through the Principal District Judge, Palamau, so that the explanation reaches this Court within time i.e three weeks.

Registrar General is directed to take steps for compliance of this order. Let a copy of this order be placed before the Registrar General immediately. List this case after four weeks under the heading 'For Orders'. In the meantime, no coercive steps shall be taken against the petitioners in connection with Chainpur P.S. Case No. 175 of 2019, pending in the court of SDJM, Palamau.

(ANANDA SEN , J) anjali/ C.P 3