Md. Saifull Ansari @ Saifulla ... vs The State Of Jharkhand
2021 Latest Caselaw 1049 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. M.P. No. 2481 of 2020
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Md. Saifull Ansari @ Saifulla Ansari ... 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. Pran Pranay, Advocate
                  For the State :           Mr. Ashok Singh, A.P.P.
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4/ 02.03.2021     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. Order dated 28.09.2020 passed by the Sub Divisional Judicial Magistrate, Jamtara in Mihijam Police Station Case No.34 of 2020 (G.R. No.407 of 2020) is under challenge by which processes under Section 82 of the Code of Criminal Procedure has been issued against the petitioner.

3. This Court, on the last occasion, had called for Form IV of the Code of Criminal Procedure, which was issued pursuant to the order dated 28.09.2020. Form IV of the Code of Criminal Procedure has been received. From perusal of the said Form IV of the Code of Criminal Procedure, it transpires that the Sub Divisional Judicial Magistrate, Jamtara without following the provisions of law has issued Form IV of the Code of Criminal Procedure. The place where the petitioner has to appear has not been mentioned. The date has been mentioned as 28.10.2020 whereas the Form IV has been issued on 29.09.2020. It is the mandate of law that 30 days from the date of publication has to be given to the party to appear, whereas 30 days from the date of the order has been given in this case, which is not the mandate of law.

4. Considering the Form IV of the Code of Criminal Procedure as also the impugned order, keeping in view 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, I am inclined to allow this criminal miscellaneous petition. Order dated 28.09.2020 passed by the Sub

Divisional Judicial Magistrate in Mihijam Police Station Case No.34 of 2020 (G.R. No.407 of 2020) is hereby set aside. The matter is remanded to the Court below to pass fresh order in accordance with law and in consonance with 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.

5. This criminal miscellaneous petition is, accordingly, allowed.

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