Vijay Kumar Paswan vs The State Of Jharkhand
2021 Latest Caselaw 1192 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr.M.P. No. 2339 of 2020
                                              -------

            Vijay Kumar Paswan                                     .... Petitioner(s).
                                                 Versus
           The State of Jharkhand                                  .... Opp. Party(s).
                                         ------
           CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                              Through: Video Conferencing
                                                 ------
           For the Petitioner(s)         : Mr. Nawin Kumar, Advocate.
           For the State                 : Mr. Anil Kr. Singh, AC to SC-V
                                         .........

05/09.03.2021:          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 t he orders dated 28.2.2019, 25.4.2019 and 23.5.2019, whereby, the learned Judicial Magistrate, Ranchi, issued the processes under Section 82 and attachment order under Section 83 Cr.P.C and declared the petitioner as absconder respectively, in connection with Complaint Case No. 1211 of 2017.

From perusal of impugned order dated 28.2.2019, I find that the same is absolutely non-speaking and cryptic. None of the ingredients, which are necessary to be followed, has been followed while issuing the process under Sections 82 Cr.P.C. Thus, the impugned order dated 28.2.2019 is set aside.

Similar is the position with the order dated 25.4.2019 as without following the procedure as well as mandatory conditions, the said order has been passed. Thus, impugned order dated 25.4.2019, by which, attachment order under Section 83 has been issued, is also set aside. Consequently, order dated 23.5.2019 is also quashed.

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 allowed.

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