Vikash Kumar @ Vikash Singh vs The State Of Jharkhand
2021 Latest Caselaw 1322 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. M.P. No. 494 of 2021
             Vikash Kumar @ Vikash Singh, aged about 37 years, S/o Purushottam
             Singh, R/o Vinay Bhawan, Ambikapuram, Luby Circular Road, P.O., P.S. &
             District- Dhanbad, Jharkhand                      ... 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. Soumitra Baroi, Advocate For the Opposite Party-State : Mr. Bishambhar Shastri, A.P.P.

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02/16.03.2021. Heard Mr. Soumitra Baroi, learned counsel for the petitioner and

Mr. Bishambhar Shastri, 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 12.02.2021 passed by the learned Chief Judicial

Magistrate, Dhanbad, whereby, process under Section 82 Cr. P.C. has been

issued against the petitioner.

4. Learned counsel for the petitioner submits that the process under

Section 82 Cr. P.C. has been issued without following the observations made

by this Court in the case of Md. Rustum Alam @ Rustam & Ors. v. The

State of Jharkhand, reported in 2020 (2) JLJR 712.

5. On perusal of the impugned order, it transpires that there is no

mention of execution of service report of non-bailable warrant and

requirement, as directed by this Court in the case of Md. Rustum Alam @

Rustum (supra).

6. In view of the aforesaid facts, the order dated 12.02.2021 passed by

the learned Chief Judicial Magistrate, Dhanbad in connection with Bankmore

P.S. Case No. 216 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.

(Sanjay Kumar Dwivedi, J.) Ajay/