Radhey Sharma @ Radhe Sharma vs The State Of Jharkhand
2021 Latest Caselaw 1483 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr.M.P. No. 2294 of 2020
                                   ------

1. Radhey Sharma @ Radhe Sharma

2. Shree Krishna Kumar @ Krishna Sharma @ Krishna Kumar Sharma Both sons of late Harangi Singh, residents of village-Nimi, P.O. and P.S. Shekhpur Sarai, District-Sheikhpura (Bihar) ... .... .... Petitioners Versus

1.The State of Jharkhand

2. Arun Kumar Singh, S/o late Bachchu Singh, resident of village-Nagar, P.O. and P.S. Hunterganj, District-Chatra ... .... Opposite Parties

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr. R.R. Tiwary, Advocate For the State : Mr. Rajesh Kumar, Advocate For the O.P. No. 2 : Mr. Krishna Murari, Advocate

06/23.03.2021 Heard Mr. R.R. Tiwary, learned counsel for the petitioners, Mr.

Rajesh Kumar, learned counsel for the State and Mr. Krishna Murari, learned

counsel for the O.P. No. 2.

This 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 present petition has been filed for quashing of order dated

03.08.2019 whereby process under section 82 Cr.P.C. has been issued

against the petitioners in connection with Hunterganj P.S. Case No. 42 of

2018, corresponding to G.R. No. 413 of 2018, pending in the Court of

learned C.J.M, Chatra.

Mr. R.R. Tiwary, learned counsel for the petitioners submits that

without following the parameters as indicated under section 82 Cr.P.C,

process of 82 Cr.P.C. has been issued as there is no indication of time and

place. He submits that process of 82 Cr.P.C. has not been issued in

compliance of judgement passed by this Court in the case of Md. Rustam

Alam @ Rustam & Ors. V. The State of Jharkhand, reported in 2020

(2) JLJR 712.

Mr. Krishna Murari, learned counsel for the O.P. No. 2 tried to justify

the impugned order and submits that there is no illegality in the impugned

order and process under section 82 Cr.P.C. has rightly been issued.

Mr. Rajesh Kumar, learned counsel for the State also submits on

the same line.

On perusal of impugned order dated 03.08.2019, it transpires that

guidelines of Md. Rustam Alam @ Rustam (supra) has not been

followed and the parameters of Section 82 Cr.P.C. has not been complied as

time and place has not been indicated.

In that view of the matter, impugned order dated 03.08.2019 is

quashed. 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. Rustam Alam @ Rustam (supra), in accordance

with law.

With the above observation and direction, this criminal

miscellaneous petition stands disposed of.

I.A. No. 613 of 2021 stands dismissed as infructuous.

Stay is vacated.

Let a copy of this order be communicated to the court below at

the cost deposited by the O.P. No. 2.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-