Pramod Oraon vs The State Of Jharkhand
2021 Latest Caselaw 2201 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. M.P. No. 574 of 2021
             Pramod Oraon, age 30 years, S/o Saniya Oraon, R/o vill.- Pesrar, P.O. & P.S.
             Pesrar, Dist.- Lohardaga                          ... Petitioner
                                      -Versus-
             The State of Jharkhand                             ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Onkar Nath Tiwary, Advocate For the Opposite Party-State : Mr. Rakesh Ranjan, A.P.P.

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04/05.07.2021. Heard Mr. Onkar Nath Tiwary, learned counsel for the petitioner and

Mr. Rakesh Ranjan, learned A.P.P. appearing for the opposite party-State.

This criminal miscellaneous petition has been heard through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic. None of the parties have

complained about any technical snag of audio-video and with their consent

this matter has been heard.

This petition has been filed for quashing the order dated 25.11.2020

and 23.01.2021 by which non-bailable warrant and process under Section

82 respectively have been issued against the petitioner.

Learned counsel for the petitioner submits that vide order dated

25.11.2020, straightway warrant of arrest has been issued against the

petitioner without complying the provision laid down under Section 73

Cr.P.C. and on the next date on 23.01.2021 process under Section 82 Cr.P.C.

has been issued, which is not in consonance with the well settled position of

summoning the accused person. He further submits that the process under

Section 82 Cr.P.C. has also been issued mechanically.

Mr. Rakesh Ranjan, learned A.P.P. appearing for the State tries to

justify the order.

On perusal of the impugned order dated 25.11.2020, it transpires that

on that day warrant of arrest has been issued against the petitioner and on

the next date i.e. 23.01.2021, process under Section 82 Cr.P.C. has been

issued. There is no summon order prior to the order dated 25.11.2020. The

petitioner is also not named in the F.I.R. Moreover, the parameters laid

down by this Court in the case of Md. Rustum Alam @ Rustam &

Others v. The State of Jharkhand in Cr.M.P. No.2722 of 2019, vide

judgment dated 27.04.2020 have not been followed. The order dated

25.11.2020 and 23.01.2021 can not sustain in the eyes of law. Accordingly,

the impugned order dated 25.11.2020 and 23.01.2021 are quashed.

Accordingly, this criminal miscellaneous petition stands allowed and

disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/