Jharkhand High Court
Lalu Marandi vs The State Of Jharkhand on 18 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1964 of 2021
Lalu Marandi ..... ... 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. Shashi Kant Thakur, Advocate
For the State : Mr. B.N. Ojha, A.P.P.
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04/ 18.10.2021 Heard Mr. Shashi Kant Thakur, learned counsel appearing for
the petitioner and Mr. B.N. Ojha, learned A.P.P. for the State.
2. This criminal miscellaneous petition has been filed for
quashing of the orders dated 09.02.2017 and 13.10.2017, by which,
processes under Sections 82 and 83 Cr.P.C. respectively have been
directed to be issued against the petitioner, in connection with Maheshpur
P.S. Case No. 64 of 2014, pending in the Court of learned Chief Judicial
Magistrate, Pakur.
3. Learned counsel appearing for the petitioner submits that the
petitioner has not received any summon and bailable warrant and
straightway on the prayer of the I.O., non-bailable warrant of arrest has
been issued against the petitioner. He further submits that there is no
satisfaction recorded by the concerned Court before issuing the processes
under Sections 82 and 83. Learned counsel very fairly submits that the
petitioner is willing to appear in the concerned Court on any date, fixed
by this Hon'ble Court.
4. Mr. B.N. Ojha, learned counsel appearing for the State
submits that there is no illegality in both the impugned orders and when
the petitioner is not co-operating in the case, cognizance has been taken
on 22.02.2018 against the petitioner.
5. In view of the submission of learned counsel for the
petitioner that the petitioner is willing to appear before the concerned
Court and also taking into considering the fact that there is no mention of
earlier service of summons, bailable warrant, directly non-bailable
warrant of arrest has been directed to be issued against the petitioner and
also by order dated 09.02.2017, proclamation under Section 82 Cr.P.C.
has also been issued 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.
6. In that view of the matter, the impugned orders dated
09.02.2017 and 13.10.2017, by which, processes under Sections 82 and
83 Cr.P.C. respectively have been directed to be issued against the
petitioner, in connection with Maheshpur P.S. Case No. 64 of 2014,
pending in the Court of learned Chief Judicial Magistrate, Pakur, are
hereby, quashed. The matter is remitted back to the Court of learned Chief
Judicial Magistrate, Pakur 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. The petitioner is directed to appear before the concerned
court on 16.11.2021 and on his appearance the Trial Court shall pass the
order in accordance with law.
8. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
