Jharkhand High Court
Dr. Ajay Kumar Choudhary vs The State Of Jharkhand on 27 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2177 of 2021
Dr. Ajay Kumar Choudhary ..... ... 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. Amritansh Vats, Advocate
For the State : Ms. Nehala Sharmin, A.P.P.
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03/ 27.10.2021 Heard Mr. Amritansh Vats, learned counsel appearing for the
petitioner and Ms. Nehala Sharmin, learned A.P.P. 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 orders dated 25.02.2019, whereby bail of the petitioner
has been cancelled and non-bailable warrant of arrest has been issued
against him, the order dated 25.04.2019, whereby process under Section
82 Cr.P.C. has been directed to be issued against the petitioner, the order
dated 29.05.2019, whereby process under Section 83 Cr.P.C. has also been
directed to be issued against the petitioner and the order dated 17.06.2019,
by which, the petitioner has been declared absconder, in connection with
Kotwali P.S. Case No. 1133 of 2011 corresponding to G.R. No. 6126 of
2011, which was pending in the Court of learned Judicial Magistrate,
Ranchi.
4. It has been submitted by learned counsel appearing for the
petitioner that the petitioner is a practicing advocate of this Hon'ble Court
and he has personally appeared in the concerned Court regularly. He
submits that the petitioner has entrusted his file to the lawyer and he was
being represented through his lawyer and due to non-appearance on three
dates, i.e. the fault of the counsel for the petitioner, the said orders have
been passed. He submits that the petitioner has no knowledge about non-
appearance before the concerned Court. Learned counsel further submits
that the order dated 25.04.2019, whereby, process under Section 82 Cr.P.C.
has been issued, is cryptic in nature. Learned counsel submits that the
petitioner is ready to appear before the concerned court on the date fixed
by this Hon'ble Court.
5. Ms. Nehala Sharmin, learned A.P.P. appearing for the State
opposes the prayer and submits that there is no illegality in the impugned
orders.
6. On perusal of the order dated 25.02.2019, it transpires that
bail of the petitioner was cancelled and non-bailable warrant of arrest has
been issued and by order dated 25.04.2019, process under Section 82
Cr.P.C. has been directed to be issued, wherein there is no satisfaction of
the learned Magistrate for issuing such order, which is mandatory in terms
of the judgment passed by this Court in Md. Rustam Alam @ Rustum &
Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712. In view
of fact that the order dated 25.04.2019 is bad in law, the subsequent orders
dated 29.05.2019 and 17.06.2019 will not survive.
7. In view of the submission of learned counsel for the petitioner
that the petitioner is ready to appear before the Court and the petitioner is
a practicing advocate in this Court and there is no serious allegation
against him and for the fault of the lawyer, the petitioner is facing the
trauma, the impugned orders dated 25.02.2019, whereby bail of the
petitioner has been cancelled and non-bailable warrant of arrest has been
issued against him, the order dated 25.04.2019, whereby process under
Section 82 Cr.P.C. has been directed to be issued against the petitioner, the
order dated 29.05.2019, whereby process under Section 83 Cr.P.C. has
also been directed to be issued against the petitioner and the order dated
17.06.2019, by which, the petitioner has been declared absconder, in
connection with Kotwali P.S. Case No. 1133 of 2011 corresponding to
G.R. No. 6126 of 2011, are hereby, quashed.
8. The petitioner is directed to appear before the concerned
Court on or before 25.11.2021 and the concerned Court after giving him
the opportunity of hearing, shall pass the reasoned order in accordance
with law.
9. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
