Bikram Mandal vs The State Of Jharkhand
2021 Latest Caselaw 2352 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr.M.P. No.610 of 2021
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1. Bikram Mandal, aged about 22 years, son of Kedar Mandal

2. Pradyuman Kumar @ Praduman Mandal @ Pradymau Kumar Mandal, aged about 24 years, son of Jitendra Mandal Both are resident of Village Ghasko, P.O. Budhudih, P.S. Ahilyapur, District Giridih .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr. Kamdeo Pandey, Advocate For the State : Mr. Shailendra Kumar Tiwari, A.P.P.

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04/14.07.2021 Heard Mr. Kamdeo Pandey, learned counsel for the petitioners and Mr. Shailendra Kumar Tiwari learned A.P.P. for the 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.

By filing this application, counsel for the petitioner has challenged the order dated 25.01.2020 passed in connection with Cyber P.S. Case No. 17 of 2019 by the District & Additional Sessions Judge-II, Giridih whereby process under Section 82 Cr.P.C has been issued.

I have gone through the impugned order. Ignoring the provisions of law, the Court has issued process under Section 82 Cr.P.C. The mandatory requirements which is necessary at the time of issuing process under Section 82 Cr.P.C, as per law has not been followed. The satisfaction which had to be recorded while issuing the said process has not been reflected in the impugned order. The Court has issued process under Section 82 Cr.P.C only on the ground that there are sufficient materials in the case diary against the accused persons. This is not a requirements to issue process under Section 82 Cr.P.C. This court in the case of Rustum Alam @ Rustam & Ors. Vrs. State of Jharkhand in Cr.M.P No. 2722 of 2019, has passed a detailed order in relation to the said issue upon the same issue.

Considering the aforesaid fact and the provision of law and the judgment of this Court as stated above, I am inclined to allow this application by setting aside the order dated 25.01.2020.

The matter is remanded to the court below to pass a fresh order in accordance with law.

(Sanjay Kumar Dwivedi, J.)

Anit