Shikha Kumari @ Sikha Kumari vs The State Of Jharkhand
2021 Latest Caselaw 408 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr.M.P. No. 2815 of 2020
               1. Shikha Kumari @ Sikha Kumari
               2. Mahi Kumari @ Neha Kumari                               .... 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. Rohit Ranjan Sinha, Advocate.
           For the State            : Mr. Mihir Kunal Ekka, A.C. to S.C.-V,
                                           .........

03/28.01.2021: Perused the order dated 01.12.2020. Order dated 01.12.2020 reads as under:-

"01.12.2020: Record put up today along with xerox copy of update case diary submitted by I.O.

Heard and perused the E/R of NBW issued against both accused persons named above. O/c to issue process U/s 82 Cr.P.C, 1973 against both the accused persons, namely Neha Kumari and Sikha Kumari."

This Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Others Vs. The State of Jharkhand) has passed a detailed order in respect of issuance of processes under Sections 82 and 83 Cr.P.C. The impugned order passed herein is totally in derogation of the aforesaid order. The aforesaid judgment/order passed in Cr.M.P. No. 2722 of 2019 has been circulated to all Judicial Officers of the State.

Considering the aforesaid fact, let an explanation be called for from the Judicial Magistrate, 1st Class, Ranchi, who is in seisin of Bariatu P.S. Case No. 308 of 2018, through the Principal Judicial Commissioner, Ranchi, as to how he has passed the order dated 01.12.2020 in Bariatu P.S. Case No.308 of 2018, inspite of the fact that judgment/order passed by this Court in Cr.M.P. No. 2722 of 2019 was circulated to all the Judicial Officers of the State including him.

List this case after four weeks under the heading "For Orders". In the meantime, the Judicial Magistrate concerned will forward a copy of Form-IV Cr.P.C, which has been issued pursuant to order dated 01.12.2020, to this Court.

In the meantime, no coercive steps shall be taken against the petitioners pursuant to order dated 01.12.2020 in connection with Bariatu P.S. Case No. 308/2018, pending in the Court of Judicial Magistrate, 1 st Class, Ranchi.

Let a copy of this order be communicated to the learned Judicial Commissioner, Ranchi through FAX at the earliest.

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