Bishwanath Sah vs State Of Jharkhand
2021 Latest Caselaw 118 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr. M.P. No. 3900 of 2019
           1. Bishwanath Sah
           2. Tunna Singh @ Tunga Singh @ Hari Narayan Singh
              @ Hari Singh @ Rajesh Roaushan Singh...............Petitioner(s)
                                    Versus
           State of Jharkhand...........                        Opp. Party(s)
                                    ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

           For the Petitioner                   : Mr. Ashok Kr. Sinha No. 4, Advocate
           For the State                        : Mr. Tarun Kumar, A.P.P.
                                           ......

6/08.01.2021            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 to the audio and video clarity and quality.

Heard the parties.

The petitioners, in this application, have challenged the order dated 28.08.2018/03.10.2018, passed by the Judicial Magistrate, 1st Class, Deoghar in connection with Kunda P.S. Case No. 27 of 2018 (G.R. No. 416/2018), by which processes under Sections 82 Cr. P.C., has been issued against them.

Learned counsel appearing for the petitioners submits that the order is cryptic, vague and does not reflect any subjective satisfaction as required by the law. Thus, the same needs to be quashed.

After hearing the counsel for the parties and on going through the impugned orders, I find that the impugned order is cryptic. No satisfaction has been recorded while passing the impugned order issuing process under Section 82 Cr. P.C.

As the order is cryptic, non-speaking and does not follow the mandate of law, in view of the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors- versus- the State of Jharkhand, reported in 2020 (2) JLJR 712, this application is allowed. The order dated 28.08.2018/03.10.2018 passed by the passed by the Judicial Magistrate, 1st Class, Deoghar in connection with Kunda P.S. Case No. 27 of 2018 (G.R. No. 416/2018), is hereby set aside. The matter is remitted to the court below to pass a fresh order in accordance with law, in terms of the judgment referred to above.

This criminal miscellaneous petition stands allowed.

(Ananda Sen, J) Mukund/-cp.3