Jharkhand High Court
Md. Faraz Ahmad @ Md. Sarfaraz vs The State Of Jharkhand on 22 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1887 of 2021
Md. Faraz Ahmad @ Md. Sarfaraz ..... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioners : Mr. Md. Zaid Ahmed, Advocate
For the State : Mrs. Priya Shrestha, Spl.P.P.
------
04/ 22.09.2021 Heard Mr. Md. Zaid Ahmed, learned Counsel appearing for
the petitioner and Mrs. Priya Shrestha, 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 orders dated 11.01.2021 and 19.04.2021, by which,
processes under Sections 82 and 83 Cr.P.C. have been directed to be
issued against the petitioner, in connection with Hanwara P.S. Case No.
44 of 2020, pending in the Court of learned Judicial Magistrate, 1st Cass,
Godda.
4. Mr. Md. Zaid Ahmed, learned counsel appearing for the
petitioner submits that in a cryptic way, the order dated 11.01.2021 has
been passed and process under Section 82 Cr.P.C. has been directed to be
issued against the petitioner. He submits that there is no satisfaction of the
concerned Magistrate, which the parameters of passing such order in that
Section. He further submits that since the first order is itself bad in law,
the subsequent order dated 19.04.2021 will not survive.
5. Mrs. Priya Shrestha, learned counsel appearing for the State
submits that there is no illegality in the impugned orders and both the
orders have rightly been passed.
6. This Court has perused the impugned order dated 11.01.2021,
whereby, the process under Section 82 Cr.P.C. has been directed to be
issued against the petitioner. In the said order, it has not been mentioned
that as to whether the earlier steps have been complied or not. There is no
indication of place, date and time, which is mandatory in terms of
Form-IV, as has been 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 above, the impugned order dated 11.01.2021,
by which, process under section 82 Cr.P.C. has been issued against the
petitioner is bad in law, the subsequent order dated 19.04.2021 will not
survive. As such, the orders dated 11.01.2021 and 19.04.2021, by which,
processes under Sections 82 and 83 Cr.P.C. have been directed to be
issued against the petitioner, in connection with Hanwara P.S. Case No.
44 of 2020, pending in the Court of learned Judicial Magistrate, 1st Cass,
Godda, are hereby, quashed. The matter is remitted back to the Court of
learned Judicial Magistrate, 1st Cass, Godda 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/-
