Jharkhand High Court
Hemanta Mohanty vs The State Of Jharkhand on 20 October, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.MP. No. 2573 of 2020
1.Hemanta Mohanty
2. Prasanta Kumar Mohanty ...... 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. A.K. Kashyap, Sr. Advocate
For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P.
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04/Dated: 20/10/2021
This case is detached from Cr.M.P. No.2565 of 2020.
Heard Mr. A.K. Kashyap, learned senior counsel for the petitioners and
Mr. Prabir Kumar Chatterjee, learned counsel for the State.
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
04. 11.2020 whereby proclamation under section 82 Cr.P.C. has been issued
against the petitioners in connection with Dhalbhumgarh P.S. Case No. 69 of 2012,
corresponding to G.R. Case No.589 of 2012, pending in the Court of learned Sub
Divisional Judicial Magistrate, Ghatshila.
Mr. A.K. Kashyap, learned senior counsel for the petitioners submits
that order dated 04.11.2020 is cryptic in nature as there is no satisfaction of the
concerned court in passing the said order which is mandatory in terms of several
judgments passed by this Court. He submits that after filing of this petition, process
under section 83 Cr.P.C. has been issued vide order dated 05.02.2021 for which I.A.
No. 5712 of 2021 has been filed for addition of prayer.
Learned counsel for the State tried to justify the impugned order and
submits that that there is no illegality in the impugned order.
From perusal of impugned order, it transpires that the order is cryptic
in nature as there is no satisfactory satisfaction of the Court in passing such order
which is mandatory under the Cr.P.C. and the judgement passed by this Court in
the case of Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand ,
reported in 2020 (2) JLJR 712.
Accordingly, impugned orders dated 04.11.2020 and 05.02.2021
whereby proclamation under section 82 and 83 Cr.P.C. respectively have been
issued against the petitioners in connection with Dhalbhumgarh P.S. Case No. 69
of 2012, corresponding to G.R. Case No.589 of 2012, is quashed.
The matter is remitted back to the Court of learned Sub
Divisional Judicial Magistrate, Ghatshila to proceed afresh in terms of Code of
Criminal Procedure and the judgement passed by this Court in the case of Md.
Rustam Alam @ Rustam(supra).
With the above observation and direction, this criminal miscellaneous
petition stands disposed of. I.A. No.5712 of 2021 also stands allowed and disposed
of.
(Sanjay Kumar Dwivedi, J.)
Satayarthi/-
