Visheshwar Sao vs The State Of Jharkhand
2021 Latest Caselaw 4015 Jhar

      IN      THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 1541 of 2021

       Visheshwar Sao
       @ Vishesar Rajak
       @ Visheshwar Rajak                              .....    ...     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. Md. Sajid Yunus, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P.

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04/ 26.10.2021 Heard Mr. Md. Sajid Yunus, learned counsel appearing for the

petitioner and Mr. Abhay Kumar Tiwari, learned A.P.P. for the State.

2. This criminal miscellaneous petition has been filed for

quashing of the order dated 02.01.2020, by which, process under Section

82 Cr.P.C. has been directed to be issued against the petitioner, in

connection with Sadar P.S. Case No. 108 of 2018, pending in the Court of

learned A.C.J.M., Ranchi.

3. Learned counsel appearing for the petitioner submits that

there is no such satisfaction of the learned Court in passing the order

dated 02.01.2020, which is mandatory in passing the order under Section

82 Cr.P.C., as there is no indication of date, time and place in the order.

4. Mr. Abhay Kumar Tiwari, learned counsel appearing for the

State opposes the prayer and submits that there is no illegality in the

impugned order.

5. On perusal of the order dated 02.01.2020, it transpires that

the learned Magistrate has not recorded its satisfaction, which is

mandatory in terms of Section 82 Cr.P.C. There is also no indication 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 order dated

02.01.2020, by which, process under Section 82 Cr.P.C. has been directed

to be issued against the petitioner, in connection with Sadar P.S. Case No.

108 of 2018, pending in the Court of learned A.C.J.M., Ranchi, is hereby,

quashed. The matter is remitted back to the Court of learned A.C.J.M., Ranchi 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/-