Jharkhand High Court
Neha Kumari vs State Of Jharkhand on 6 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2039 of 2021
Neha Kumari
@ Jhingi Baskey @ Jhingi Baskay ..... ... Petitioner
Versus
State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Ms Shama Parveen, Advocate
For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P.
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03/ 06.10.2021 Heard Ms Shama Parveen, learned counsel appearing for the
petitioner and Mr. Shilendra Kumar Tiwari, learned Spl.P.P. appearing for
the State.
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.
3. This criminal miscellaneous petition has been filed for
quashing of the order dated 07.12.2020, by which, process under Section
82 Cr.P.C. has been directed to be issued against the petitioner, in
connection with Bagbera P.S. Case No. 115 of 2020, pending in the Court
of learned Judicial Magistrate, 1st Class, Jamshedpur.
4. Learned counsel appearing for the petitioner submits that the
petitioner has enquired about the article to be purchased from OLX and
she has not purchased the same and the chargesheet has been submitted
wherein the petitioner has been made accused. She submits that petitioner
has never received any summon, warrant of arrest and non-bailable
warrant of arrest, however, by the impugned order dated 07.12.2020,
proclamation under Section 82 Cr.P.C. has been directed to be issued
against the petitioner.
5. Learned counsel appearing for the State submits that there is
no illegality in the impugned order and the said order is well founded.
6. On perusal of the said order, it transpires that only on the
basis of the requisition, filed by the I.O. and by referring certain
paragraphs of the case diary, the concerned Court has passed the order of
issuance of proclamation under Section 82 Cr.P.C. against the petitioner.
There is no mention of date, time and place, which is statutory in
nature in terms of Form-IV Cr.P.C., as held by this court in
Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand,
reported in 2020 (2) JLJR 712.
7. In that view of the matter, the impugned order dated
07.12.2020, by which, process under Section 82 Cr.P.C. has been directed
to be issued against the petitioner, in connection with Bagbera P.S. Case
No. 115 of 2020, pending in the Court of learned Judicial Magistrate, 1st
Class, Jamshedpur, is hereby, quashed. The matter is remitted back to the
Court of learned Judicial Magistrate, 1st Class, Jamshedpur 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 & Ors.
(Supra).
8. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
