Pradip Kumar Das @ Pradeep Kr. Das vs The State Of Jharkhand
2021 Latest Caselaw 410 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. M.P. No. 2742 of 2020
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Pradip Kumar Das @ Pradeep Kr. Das ... Petitioner

-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 Petitioner :       Mr. Jitendra Nath Upadhyay, Advocate
           For the State:             Mr. Shailendra Kumar Tiwari, A.P.P.
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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 is confining his prayer only to challenge the order dated 18.12.2019 passed by the Judicial Magistrate 1st Class, Seraikella in Seraikella Police Station Case No.58 of 2015 (G.R. No.387 of 2015), by which processes under Section 82 of the Code of Criminal Procedure has been issued.

3. Counsel appearing for the petitioner submits that the order dated 18.12.2019 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 18.12.2019. I find that the said order is absolutely cryptic and non-speaking, which does not reflect any subjective satisfaction as required in terms of Section 82 of the Code of Criminal Procedure.

5. Considering the nature of the order passed by the Court below 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 18.12.2019 passed in Seraikella Police Station Case No. 58 of 2015 (G.R. No.387 of 2015) 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 to the above extent.

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