Ramashray Dubey Aged About 86 ... vs The State Of Jharkhand
2021 Latest Caselaw 1482 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No.364 of 2021
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1. Ramashray Dubey aged about 86 years, son of Late Aditya Dubey

2. Paramveer Dubey @ Paramveer Kumar Dipak, aged about 26 years, son of Sri Upendra Kumar Dipak Both are residents of Village Purabdiha, P.O. & P.S. Chainpur, District Palamau (Jharkhand) .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners: Mr. Ajay Kumar Pathak, Advocate For the State : Ms. Nehala Sharmin, A.P.P.

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04/23.03.2021 Heard Mr. Ajay Kumar Pathak, learned counsel for the petitioners and Ms. Nehala Sharmin, learned counsel for the State.

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.

The petitioners have filed this application for quashing of order dated 21.12.2020 whereby process under Section 82 Cr.P.C. has been issued.

Learned counsel appearing for the petitioners submits that the petitioners have filed A.B.A. No.7776 of 2020 and during pendency of this anticipatory bail application, process under Section 82 Cr.P.C. has been issued. He submits that since process under Section 82 Cr.P.C. was issued, the said anticipatory bail application was dismissed as infructuous.

Ms. Nehala Sharmin, learned counsel for the State submits that there is no illegality in the impugned order and the impugned order has been passed in terms of Cr.P.C.

On perusal of order dated 21.12.2020, it appears that process under Section 82 Cr.P.C. has been issued. There is no mention of service of execution report of NBW. Moreover, the parameters as described in the case of Md. Rustum Alam @ Rustam & Others Versus The State of Jharkhand reported in 2020(2) JLJR 712 is not there. The specific place and date of appearance is also not disclosed.

In that view of the matter, the impugned order dated 21.12.2020 pending in the Court of Shri Shatrunjay Kumar Singh, learned Exclusive Special Judge, POCSO, Palamau at Daltonganj, is hereby, quashed. The matter is remanded to the Court below to proceed afresh in accordance with Criminal Procedure Code as well as judgment rendered in the case of Md. Rustum Alam (supra).

Accordingly, instant criminal miscellaneous petition is disposed of.

(Sanjay Kumar Dwivedi, J.)

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