Anjana Mishra vs The State Of Jharkhand
2021 Latest Caselaw 1195 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No. 96 of 2020
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1. Anjana Mishra

2. Suryanarayan Khaware

3. Sharada Devi @ Sarda Devi ... Petitioners

-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. Ankit Kumar, Advocate For the State: Ms. Supriya Minz, A.C. to G.A. V

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10/ 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.

Form IV of Schedule to the Code of Criminal Procedure issued pursuant to order dated 08.11.2019 passed in Deoghar (Town) Police Station Case No. 425 of 2018, has been forwarded to this Court.

Petitioners, in this criminal miscellaneous petition, have challenged the order dated 08.11.2019 passed by the Chief Judicial Magistrate, Deoghar in Deoghar (Town) Police Station Case No.425 of 2018, by which processes under Section 82 of the Code of Criminal Procedure have been issued against the petitioners.

Relying on 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, learned counsel for the petitioners submits that the impugned order is absolutely bad in law, non-speaking and cannot be allowed to sustain.

I have gone through the impugned order dated 08.11.2019 and the Form IV of the Schedule to the Code of Criminal Procedure issued pursuant thereto. From the impugned order I find that the Court below has recorded that the petitioners are not surrendering before the Court below and from the report of the Investigating Officer, the Court is satisfied that the petitioners are evading their arrest and absconding. This is a vague finding given by the Court below. What are the materials to arrive at such conclusion has not been given in the order. Further, no date and time has been mentioned in the impugned order as per the mandate of Section 82 of the

Code of Criminal Procedure. Even Form IV of Schedule to the Code of Criminal Procedure does not contain any date and time in terms of the provisions of Section 82 of the Code of Criminal Procedure. Non-filling of the statutory Form as per the mandate of Section 82 of the Code of Criminal Procedure, makes the impugned order bad in law.

In view of the aforesaid facts, the impugned order dated 08.11.2019 passed by the Chief Judicial Magistrate, Deoghar in Deoghar (Town) Police Station Case No.425 of 2018 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.

This criminal miscellaneous petition is, accordingly, allowed.

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