Jharkhand High Court
Daya Shankar Ojha vs The State Of Jharkhand on 9 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2168 of 2020
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Daya Shankar Ojha ... 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. Ashim Kumar Sahani, Advocate
For the State: Ms. Lily Sahay, A.P.P.
For the Informant : Mr. Santosh Kumar Soni, Advocate
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3/ 09.03.2021 Heard learned counsel for the petitioner and the 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 with respect to the
audio and video clarity and quality.
2. Petitioner, in this criminal miscellaneous petition, has challenged
the order dated 21.09.2020 passed by the Sub Divisional Judicial Magistrate,
Jamtara in Binda Pathar Police Station Case No.41 of 2019, by which
processes under Section 82 of the Code of Criminal Procedure have been
issued against the petitioner.
3. Counsel for the petitioner submits that no date and time has been
mentioned in the impugned order as to when the petitioner has to appear. He
submits that Section 82 of the Code of Criminal Procedure mandates that date
and time has to be mentioned so that the accused can appear pursuant to the
said process. He submits that even the Form IV of the Schedule to the Code of
Criminal Procedure issued pursuant to the impugned order will suggest that
the same is absolutely not in terms of the provisions of Section 82 of the Code
of Criminal Procedure.
4. I have gone through the impugned order. From the impugned
order, I find that no date and time has been mentioned as to when the
petitioner has to appear pursuant to the process. Further from Form IV of the
Schedule to the Code of Criminal Procedure issued pursuant to the impugned
order, I find that the date for appearance of the accused has been given as
20.10.2020 whereas the Form IV of the Schedule to the Code of Criminal
Procedure was signed on 21.09.2020. From the aforesaid fact, it is clear that
30 days' time was given to the petitioner from the date of issuance of the Form
IV, which is not the mandate of Section 82 of the Code of Criminal Procedure.
The mandate is to give 30 days' time from the date of publication of the
proclamation, which is clear from the reading of Section 82 of the Code of
Criminal Procedure itself. Further, this Court in the case of Md. Rustum Alam
@ Rustam & Others versus State of Jharkhand as reported in 2020 (2)
JLJR 712, has elaborated several issues and the said order was circulated to
all the judicial officers of the State, much prior to the date when the impugned
order dated 21.09.2020 was passed by the Magistrate. The Magistrate,
ignoring the judgment of this Court in the case of Md. Rustum Alam @
Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR
712 has passed the impugned order.
5. In view of the aforesaid facts, the impugned order dated
21.09.2020 passed by the Sub Divisional Judicial Magistrate, Jamtara in Binda
Pathar Police Station Case No.41 of 2019 including the Form IV of the
Schedule to the Code of Criminal Procedure issued pursuant thereto, is
hereby set aside. The matter is remanded to the Court below to pass fresh
order in accordance with law and in terms of 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.
6. This criminal miscellaneous petition is, accordingly, allowed.
7. The Registrar General is directed to place a copy of this order
before Hon'ble the Chief Justice.
(Ananda Sen, J.)
Kumar/Cp-03
