Moti Devi @ Jayanti Devi vs The State Of Jharkhand
2021 Latest Caselaw 309 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr.M.P. No. 2532 of 2020

           Moti Devi @ Jayanti Devi                                 .... 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. Manoj Kumar Choubey, Advocate.
           For the State                : A P.P.
                                        .........

04/20.01.2021:          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 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 3.9.2020 by which, the learned Judicial Magistrate-I, Khunti, has issued process under Section 82 Cr.P.C in connection with Karra P.S. Case No. 27/2013, corresponding to G.R. No. 197 of 2013(C).

Learned counsel for the petitioner submits that the order impugned was taken note of by this Court in Cr.M.P. No. 1978 of 2020 and the same has been quashed qua the other co-accused person(s).

Since the order impugned dated 3.9.2020 does not reveal any appropriate reason necessitating issuance of proclamation under Section 82 Cr.P.C, I am inclined to allow this petition.

Thus, the impugned order dated 3.9.2020, by which, the process under Section 82 Cr.P.C has been issued, is quashed and 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 Vs. The State of Jharkhand).

Accordingly, this petition is allowed.

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