Pintu Ghosh @ Bose @ Pintu Bose vs The State Of Jharkhand
2021 Latest Caselaw 3281 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 1675 of 2021
             Pintu Ghosh @ Bose @ Pintu Bose                         ... Petitioner
                                      -Versus-
             The State of Jharkhand                                  ... Opposite Party
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

For the Petitioner : Mr. Anuj Kumar Trivedi, Advocate For the Opposite Party-State : Mrs. Priya Shrestha, Spl. P.P.

-----

03/06.09.2021. This criminal miscellaneous 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.

This petition has been filed for quashing the order dated 31.05.2021

passed in connection with Nimiyaghat P.S. Case No.130/2019,

corresponding to G.R. Case No.73/2020, whereby, process under Section 82

Cr.P.C. has been issued against the petitioner.

Learned counsel for the petitioner submits that by the impugned

order, there is no mention of date, time and place that is why this order is

bad in law in terms of the judgment passed by this Court in the case of Md.

Rustum Alam @ Rustam and Others v. The State of Jharkhand ,

reported in 2020 (2) JLJR 712.

On perusal of the impugned order dated 31.05.2021, it transpires that

the learned court below has discussed the several aspects including the

judgment passed in the case of Md. Rustum Alam (supra) and after due

satisfaction, the impugned order has been passed. In last paragraph of the

impugned order, O/C was directed to put up draft of process meaning

thereby the court below was conscious of Form-IV of Cr.P.C., as required to

be filled up in terms of the judgment passed in the case of Md. Rustum

Alam (supra).

Learned counsel for the petitioner is seeking two weeks' time to file

supplementary affidavit bringing on record Form-IV of Cr.P.C.

Till the next date, no coercive steps shall be taken against the above-

named petitioner in connection with Nimiyaghat P.S. Case No.130/2019,

corresponding to G.R. Case No.73/2020, pending in the court of the learned

Judicial Magistrate, First Class, Giridih.

Post this matter on 27.09.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/