Md. Samsher Alam vs The State Of Jharkhand
2021 Latest Caselaw 1015 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr.M.P. No. 2218 of 2020.
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                 Md. Samsher Alam                              .... Petitioner(s).
                                                  Versus
                 The State of Jharkhand                        .... Opp. Party(s).
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           CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                              Through: Video Conferencing
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           For the Petitioner(s)   : Mr. Yashvardhan and Vishnu Prabhakar, Advocates.
           For the State           : A.P.P.
                                         .........

06/01.03.2021:          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 complaint in respect of the audio and video clarity and quality.

Heard the counsel for the parties.

In this petition, the petitioner has prayed for quashing 14.9.2020, whereby, the Chief Judicial Magistrate, Latehar, has issued process under Section 82 Cr.P.C against the petitioner in connection with Latehar P.S. Case No. 113 of 2020.

I have gone through the order impugned. The court below has neither recorded subjective satisfaction in the order impugned nor the basic requirement has been followed while issuing the process under section 82 Cr.P.C. In the most mechanical way, the order impugned has been passed without following the provisions of law.

Since the order impugned is absolutely cryptic and the same is not in consonance with the order passed by this Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand). Thus, the impugned order dated 14.9.2020 is set aside.

The matter is remitted to the court below to pass order afresh in accordance with law and also in view of the judgment passed by this Court in Cr.M.P. No. 2722 of 2019 (Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand).

Accordingly, this petition is disposed of.

The explanation sent by the court below is accepted. However the concerned Magistrate should be cautious in future while passing judicial order and the same should not be passed mechanically.

      Anu/-C.P.-3                                                         (ANANDA SEN, J.)