Munni Oraon vs The State Of Jharkhand
2021 Latest Caselaw 409 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. M.P. No. 2794 of 2020
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1. Munni Oraon

2. Surya Nath Oraon @ Suraj Nath Oraon... Petitioners

-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 Petitioners : Mr. Rajan Sahay, Advocate For the State: Mr. Navneet Toppo, A.C. to S.C. V

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3/ 28.01.2021 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. Petitioner in this criminal miscellaneous petition has challenged the order dated 27.08.2016 passed by the Judicial Magistrate, Daltonganj in Lesliganj Police Station Case No.116 of 2014 (G.R. No.2386 of 2014), by which processes under Section 82 of the Code of Criminal Procedure has been issued.

3. Counsel appearing for the petitioner submits that the impugned order dated 27.08.2016 is absoluteIy cryptic and non-speaking and no subjective satisfaction in terms of the provisions of the Code of Criminal Procedure have been recorded. He relies upon 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.

4. After hearing the counsel for the parties, I have gone through the impugned order dated 27.08.2016. I find that subjective satisfaction that it is not possible to execute warrant of arrest has not been recorded by the Court below. I find that the Court below, only on the ground that the offence is heinous, has issued processes under Section 82 of the Code of Criminal Procedure.

5. Considering the aforesaid facts and in view of the order passed by this Court in the case of Md. Rustum Alam @ Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR 712, I am inclined to allow

this criminal miscellaneous petition. Impugned order dated 27.08.2016 passed in Lesliganj Police Station Case No. 116 of 2014 (G.R. No.2386 of 2014) is hereby set aside. The matter is remanded to the Court below to pass fresh order in accordance with law.

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

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