Ashutosh Pandey @ Nandu Pandey vs The State Of Jharkhand
2021 Latest Caselaw 3448 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No. 1706 of 2021

      Ashutosh Pandey @ Nandu Pandey               .....   ... 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. Abhay Kumar Chaturvedi, Advocate
      For the State          :        Mr. P.K. Chatterjee, A.P.P.
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04/ 15.09.2021 Heard Mr. Abhay Kumar Chaturvedi, learned counsel appearing for the petitioner and Mr. P.K. Chatterjee, learned A.P.P. 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 22.11.2019, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with U.C. Case No. 309 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Chatra.

4. Learned counsel appearing for the petitioner submits that in four lines, the order has been passed. He submits that parameters of Section 82 Cr.P.C. have not been followed and process under Section 82 Cr.P.C. has been directed to be issued against the petitioner.

5. Mr. P.K. Chatterjee, learned counsel appearing for the State tried to justify the impugned order and submits that there is no illegality in the impugned order.

6. On perusal of the order dated 22.11.2019, it transpires that the concerned Court, although has issued the non-bailable warrant, but without execution of the same, direction for issuance of process under Section 82 Cr.P.C. has been passed. It also appears that the order is cryptic in nature as there is no application of judicial mind and the same is against the mandate, as held by this Court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR

712.

7. In that view of the matter, the order dated 22.11.2019, passed in connection with U.C. Case No. 309 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Chatra, is hereby, quashed. The matter is remitted back to the Court of learned Judicial Magistrate, 1st Class, Chatra 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).

8. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-