Butni Singh @ Sudu Singh @ Butani ... vs The State Of Jharkhand
2021 Latest Caselaw 1279 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No. 155 of 2021
                 Butni Singh @ Sudu Singh @ Butani Singh, aged about 32 years, S/o
                 Late Dwarika Singh, R/o Chasnala, K.K. Gate Petrol Pump, P.O.
                 Chasnala, P.S. Pathardih, District- Dhanbad  ... Petitioner
                                        -Versus-
                 The State of Jharkhand                       ... Opposite Party
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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             For the Petitioner             : Mr. Shailesh, Advocate
             For the State                  : Mr. Abhay Kumar Tiwari, A.P.P.
             For the Informant              : Mr. Suraj Singh, Advocate
                                            -----

04/15.03.2021. Heard Mr. Shailesh, learned counsel for the petitioner, Mr. Abhay

Kumar Tiwari, learned A.P.P. appearing for the opposite party-State and

Mr. Suraj Singh, learned counsel for the informant.

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 22.12.2020 passed by the learned court of Miss

Shruti Soren, J.M., 1st Class, Dhanbad in connection with Sudamdih P.S.

Case No. 91 of 2020, registered under Sections 341/323/307/34 of the

Indian Penal Code and under Section 27 of the Arms Act, whereby, process

under Section 82 Cr. P.C. has been issued against the petitioner.

4. Pursuant to the order dated 09.02.2021, an explanation has been

received from the Judicial Magistrate, 1 st Class-cum-Additional Civil Judge,

Junior Division, Dhanbad. In the explanation, she has stated that process

under Section 82 Cr. P.C. was inadvertently issued in technical manner and

she has undertaken that this mistake would not be repeated in near future.

5. In view of the above undertaking, the said explanation is accepted by

this Court.

6. In view of the fact that process under Section 82 Cr. P.C. was issued

in mechanical manner and 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 is not complied with, the impugned order

dated 22.12.2020 passed by the learned court of Miss Shruti Soren, J.M., 1 st

Class, Dhanbad in connection with Sudamdih P.S. Case No. 91 of 2020 is,

hereby, 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 09.02.2021 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/