Jagran Singh @ Jagaran Singh vs The State Of Jharkhand
2021 Latest Caselaw 1272 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. M.P. No. 199 of 2021
                  Jagran Singh @ Jagaran Singh, aged about 36 years, S/o Chittaranjan
                  Singh, R/o Village Bagudda, Tola- Chitaidih, P.O. & P.S. Kamalpur,
                  District- East Singhbhum, Jharkhand            ... Petitioner
                                         -Versus-
                  The State of Jharkhand                        ... Opposite Party
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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             For the Petitioner             : Mr. Soumitra Baroi, Advocate
             For the State                  : Mr. Jitendra Pandey, A.P.P.
                                            -----

04/15.03.2021. Heard Mr. Soumitra Baroi, learned counsel for the petitioner and

Mr. Jitendra Pandey, learned A.P.P. appearing for the opposite party-State.

2. This criminal miscellaneous petition has been heard through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic. None of the parties have

complained about any technical snag of audio-video and with their consent

this matter has been heard.

3. The petitioner has preferred this criminal miscellaneous petition for

quashing the order dated 02.12.2020 passed by the learned A.C.J.M. I/c,

Seraikella, whereby, process under Section 82 Cr. P.C. has been issued

against the petitioner in connection with Nimdih P.S. Case No. 04 of 2020.

4. Pursuant to the order dated 19.02.2021, an explanation from the

learned Additional Chief Judicial Magistrate, I/C Seraikella has been

received. In the said explanation, she has tendered unconditional apology

for the mistake of not recording the time and place in Form-IV. She has also

stated that she will not repeat such mistake in future and she will remain

vigilant.

5. In view of the said explanation, this Court is satisfied with the same

and, accordingly, the explanation is accepted.

6. In view of the fact that Form-IV has not been issued in terms of the

judgment passed by this Court in the case of Md. Rustum Alam @

Rustam & Ors. v. The State of Jharkhand , reported in 2020 (2) JLJR

712, the impugned order dated 02.12.2020 passed by the learned A.C.J.M.

I/c, Seraikella, in connection with Nimdih P.S. Case No. 04 of 2020 is

quashed.

7. The matter is remitted back to the court below to proceed afresh in

terms of the Code of Criminal Procedure and the judgment passed by this

Court in the case of Md. Rustum Alam @ Rustam (supra), in accordance

with law.

8. With the above direction, this criminal miscellaneous petition stands

disposed of.

9. Interim order dated 19.02.2021 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/