Mithun Kumar Sinha vs The State Of Jharkhand
2021 Latest Caselaw 411 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                I.A. No. 10205 of 2019
                                            With
                               W.P. (Cr.) No. 209 of 2017
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             Mithun Kumar Sinha                            ...Petitioner(s).
                                      Versus
             1. The State of Jharkhand
             2. Priti Kumari                           ... Respondent(s)

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            CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                               Through: Video Conferencing
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            For the Petitioner(s) : Mr. Anil Kumar Sinha, Advocate.
            For the State         : Mr. Manoj Kumar No. 3, A.P.P.

08/28.01.2021:          Petitioner has confined his prayer to the orders dated 03.03.2016 and

29.04.2019 by which processes under 82 and 83 Cr.P.C. have been issued. He also challenges the order dated 20th February 2018, whereby again the process under 82 Cr.P.C. has been issued.

Counsel for the petitioner relying upon the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. versus State of Jharkhand in Cr.M.P. No. 2722 of 2019 submits that the impugned orders are absolutely cryptic and non-speaking and no subjective satisfaction in terms of the provisions of the Code of Criminal procedure has been recorded. Thus, these impugned orders cannot be allowed to sustained as the same are cryptic and non-speaking.

After hearing the counsel for the parties, I have gone through the impugned orders dated 03.03.2016, 29.04.2019 and order dated 20th February 2018. I find that no subjective satisfaction in terms of the provisions of the Code of Criminal procedure has been recorded by the Court below.

Considering the aforesaid facts and in view of the order passed by this Court in the case of Md. Rustum Alam @ Rustam (supra), I am inclined to allow this criminal miscellaneous petition.

Impugned orders dated 03.03.2016, 29.04.2019 and order dated 20th February 2018 passed in Bagodar (Sariya) P.S. Case No. 177 of 2015 (G.R. No. 1456 of 2015) are hereby set aside. The matter is remanded to the Court below to pass fresh order in accordance with law.

This criminal miscellaneous petition, accordingly, stands, allowed. Accordingly, I.A. No. 10205 of 2019 also stands allowed.

(ANANDA SEN, J.) Rajnish/C.P. 3