Gauri Shankar Prasad Singh vs The State Of Jharkhand
2021 Latest Caselaw 1354 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. M.P. No. 3296 of 2019
             Gauri Shankar Prasad Singh, aged 60 years, S/o Late Govind Singh, R/o
             Village Sohsarai, P.O. & P.S. Sohsarai, District- Nalanda (Bihar)
                                                                      ... 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. Kripa Shankar Nanda, Advocate For the Opposite Party-State : Mr. Veer Vijay Pradhan, A.P.P.

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06/17.03.2021. Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioner

and Mr. Veer Vijay Pradhan, 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 filed this petition for quashing the orders dated

31.07.2018 and 23.10.2018 passed by the learned Chief Judicial Magistrate,

Gumla in connection with Gumla P.S. Case No.47/ 2010, corresponding to

G.R. Case No. 128/2010.

4. Mr. Nanda, learned counsel for the petitioner submits that the process

under Sections 82 and 83 Cr.P.C. has been issued without following the due

process of law and without stating the place and time in Form-IV of Cr.P.C.

He further submits that summon or non-bailable warrant has not been

served upon the petitioner. He further submits that the petitioner is inclined

to appear in the court below by way of filing proper petition. He also

submits that the case of the petitioner is fully covered in light 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.

5. Mr. Pradhan, learned counsel for the State has not been able to

demonstrate before this Court as to whether the procedure as prescribed in

the said judgment has been followed or not.

6. On perusal of the order-sheet which has been brought on record, it

transpires that execution report is not there and it is also not disclosed in

the order-sheet why process under Sections 82 and 83 Cr.P.C. has been

directed to be issued and it has also not been disclosed as to whether

Form-IV of Cr.P.C. has been properly filled up or not.

7. In view of the above facts, the impugned orders dated 31.07.2018

and 23.10.2018 passed by the learned Chief Judicial Magistrate, Gumla in

connection with Gumla P.S. Case No.47/ 2010, corresponding to G.R. Case

No. 128/2010 are quashed.

8. 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.

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

disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/