Jharkhand High Court
Prem Saw @ Prem Sahu vs The State Of Jharkhand on 8 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1830 of 2021
Prem Saw @ Prem Sahu ..... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioner : Mr. Nishant Kumar Roy, Advocate
For the State : Mr. P.D. Agrawal, Advocate.
------
02/ 08.09.2021 Heard Mr. Nishant Kumar Roy, learned Counsel appearing
for the petitioner and Mr. P.D. Agrawal, learned counsel appearing 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 order dated 28.01.2021, whereby, process under Section
82 Cr.P.C. has been directed to be issued against the petitioner and also
for quashing of the order dated 19.05.2021, whereby process under
Section 83 Cr.P.C. has also been issued against the petitioner, in
connection with Senha P.S. Case No. 85 of 2019, pending in the Court of
learned S.D.J.M., Lohardaga.
4. Mr. Nishant Kumar Roy, learned counsel appearing for the
petitioner submits that the order dated 28.1.2021 is not in accordance with
law, as there is no satisfaction recorded by the learned Court while
passing such order, which is mandatory and also there is no indication of
Form-IV Cr.P.C. He further submits that since the first order is illegal, the
second order dated 19.05.2021 is also bad in law.
5. Mr. P.D. Agrawal, learned counsel appearing for the State
tried to justify the impugned orders and submits that there is no illegality
in these orders.
6. On perusal of the order dated 28.01.2021, it transpires that
there is no indication in the ordersheet when the execution of warrant of
arrest was done upon the petitioner and the concerned Court has passed
the said order without applying any mind. In the ordersheet it is only
recorded that the warrant of arrest against the said accused was executed
on and the date is not recorded and that portion has been kept blank and
thereafter the concerned Court proceeded in this case, which shows that
the learned Court has passed the order in a mechanical way. There is no
indication of Form-IV Cr.P.C., which is statutory in nature, as held by this
court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand,
reported in 2020 (2) JLJR 712.
7. In view of the aforesaid facts, the order dated 28.01.2021,
whereby, process under Section 82 Cr.P.C. has been directed to be issued
against the petitioner, in connection with Senha P.S. Case No. 85 of 2019,
pending in the Court of learned S.D.J.M., Lohardaga, is hereby, quashed.
If the first order is illegal, the second order does not survive. As such the
second order dated 19.05.2021, whereby process under Section 83 Cr.P.C.
has also been issued against the petitioner, is also quashed.
8. The matter is remitted back to the Court of learned S.D.J.M.,
Lohardaga 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).
9. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
