Khushbu Devi @ Khushbu Kumari @ ... vs The State Of Jharkhand
2021 Latest Caselaw 1321 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. M.P. No. 2616 of 2020
                 Khushbu Devi @ Khushbu Kumari @ Khusbu Devi @ Khusbu Kumari,
                 aged about 25 years, daugher of Late Prem Kishore, resident of
                 Salonatand, Vishwasaraya Colony, P.O. & P.S. Deoghar Town, District-
                 Deoghar                                        ... Petitioner

                                          -Versus-

                 The State of Jharkhand                            ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ankit Kumar, Advocate For the Opposite Party-State : Mr. Shekhar Sinha, P.P.

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05/16.03.2021. Heard Mr. Ankit Kumar, learned counsel for the petitioner and

Mr. Shekhar Sinha, learned 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. Pursuant to the order dated 15.02.2021, copy of Form-IV Cr.P.C. has

been received.

4. Learned counsel for the petitioner submits that proclamation under

Section 82 Cr. P.C. has been issued by the Court below, which is not in

compliance of the judgment of this Court passed in the case of

Md. Rustum Alam @ Rustam & Ors. v. The State of Jharkhand ,

reported in 2020 (2) JLJR 712.

5. On perusal of Form-IV, it transpires that in light of the said judgment

passed by this Court, the date and time have not been specified.

6. In view of that defect, the order dated 16.09.2020 passed by learned

Railway Judicial Magistrate, Madhupur in connection with Jasidih Rail P.S.

Case No. 67 of 2019 (S.T. No. 111/2020), pending in the Court of learned

Principal District & Sessions Judge, Deoghar is, hereby, quashed.

7. The matter is remitted back to the Court below to pass a fresh order

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 15.02.2021 stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/