Mukesh Sao vs The State Of Jharkhand
2021 Latest Caselaw 3891 Jhar

      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1894 of 2021

      1. Mukesh Sao
      2. Vijay Turi
      3. Shambhu Turi
      4. Karu Turi @ Santosh Turi
      5. Bajo Turi                                    ..... ... Petitioners
                                 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 Petitioners     :        Mr. Vijay Kumar Sharma, Advocate
      For the State           :        Mr. P.K. Chatterjee, A.P.P.
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04/ 18.10.2021     Heard Mr. Vijay Kumar Sharma, learned counsel appearing

for the petitioners and Mr. P.K. Chatterrjee, learned A.P.P. appearing for the State.

2. This criminal miscellaneous petition has been filed for quashing of the orders dated 02.02.2019 and 11.04.2019, by which, processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners, in connection with U.C. Case No. 198 of 2015, pending in the Court of learned Chief Judicial Magistrate, Chatra.

3. Learned counsel appearing for the petitioners submits that the order dated 02.02.2019, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioners is cryptic in nature and no satisfaction is recorded and only in four lines, the impugned order has been passed. He further submits that the said order is also bad in law.

4. Learned counsel appearing for the State has tried to justify both the impugned orders and submits that there is no illegality in both the impugned orders.

5. On perusal of the order dated 02.02.2019, it transpires that the learned magistrate has not recorded its satisfaction before issuing the process under Section 82 Cr.P.C. 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. Since the order dated 02.02.2019 is not valid, the subsequent order will not survive.

6. In that view of the matter, the impugned orders dated 02.02.2019 and 11.04.2019, by which, processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners, in connection with U.C. Case No. 198 of 2015, pending in the Court of learned Chief Judicial Magistrate, Chatra, are hereby, quashed. The matter is remitted back to the Court of learned Chief Judicial Magistrate, Chatra 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).

7. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-