Kumud Ranjan Singh vs The State Of Jharkhand
2021 Latest Caselaw 3394 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
                                Cr.M.P. No. 2337 of 2020
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Kumud Ranjan Singh, s/o Sri Rama Shanker Singh, aged about 36 years, resident of House No.A/18, PNB Colony, Adarsh Nagar, PO-Sonari, PS-Sonari, Town Jamshedpur, District East Singhbhum ..... Petitioner

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        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. Anish Kumar Mishra, Advocate For the State :- Mr. Sanat Kumar Jha, Advocate

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6/13.09.2021 Heard Mr. Anish Kumar Mishra, the learned counsel appearing on behalf of the petitioner and Mr.Sanat Kumar Jha, the learned counsel appearing on behalf of 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 petitioner has filed this petition for quashing the order dated 25.09.2019 whereby the process under section 82 Cr.PC has been directed to be issued against the petitioner in connection with Golmuri P.S.Case No.64 of 2014, corresponding to G.R. Case No.1069 of 2014, pending in the court of learned Judicial Magistrate of First Class, Jamshedpur.

Mr. Anish Kumar Mishra, the learned counsel appearing on behalf of the petitioner submits that without following the parameters as indicated under warrant of arrest and section 82 Cr.P.C, non-bailable warrant of arrest as well as process under section 82 Cr.P.C. have been issued as there is no indication of time and place. He submits that non-bailable warrant of arrest as well as process under section 82 Cr.P.C. have not been issued in compliance of judgment passed by this Court in the case of "Md. Rustum Alam @ Rustam & Ors. V. The State of Jharkhand", reported in 2020 (2) JLJR 712.

Mr. Sanat Kumar Jha, learned counsel for the State tried to justify the impugned orders and submits that there is no illegality in the impugned orders and non-bailable warrant of arrest and process under section 82 Cr.P.C. have rightly been issued.

On perusal of impugned order 25.09.2019, it transpires that guidelines given in the case of "Md. Rustum Alam @ Rustam" (supra) has not been followed and the parameters of warrant of arrest and Section 82 Cr.P.C. have not been complied as time and place has not been indicated.

In that view of the matter, impugned orders dated 25.09.2019 is quashed. The matter is remitted back to the court below 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" (supra), in accordance with law.

With the above observation and direction, this criminal miscellaneous petition stands allowed and disposed of.

( Sanjay Kumar Dwivedi, J) SI/