Raghvendra Kumar vs The State Of Jharkhand
2022 Latest Caselaw 1340 Jhar

      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2422 of 2021
      Raghvendra Kumar                                 .....   ...    Petitioner
                                   Versus
      The State of Jharkhand                           .....   ...    Opposite Party
                          --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

------

For the Petitioner : Mr. Binod Kumar Jha, Advocate.

      For the State       :        Mrs. Priya Shrestha, Spl.P.P.
                          ------

03/ 05.04.2022 Heard Mr. Binod Kumar Jha, learned counsel appearing for the petitioner and Mrs. Priya Shrestha, learned Spl.P.P. for the State.

2. This criminal miscellaneous petition has been filed for quashing of the orders dated 20.02.2021 and 25.03.2021, by which non- bailable warrant of arrest and process under Section 82 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with Mufassil P.S. Case No. 124 of 2020, pending in the Court of learned Additional Chief Judicial Magistrate, Chaibasa.

3. Learned counsel appearing for the petitioner submits that the petitioner is the husband and he is always ready to keep his wife with all dignity. He submits that the petitioner has filed an Original Suit No. 837 of 2019, under Section 9 of the Hindu Marriage Act, in which, vide judgment dated 15.07.2020, the O.P. No. 2 was directed to join the company of the petitioner and thereafter this FIR has been filed on 16.09.20220. He further submits that since the order passed in the anticipatory bail petition has not been complied with, the learned Court below, by order dated 20.02.2021 has passed the order of issuing non-bailable warrant of arrest and also by order dated 25.03.2021, process under Section 82 Cr.P.C. has been issued against the petitioner. Learned counsel submits that both the impugned orders are not in accordance with law.

4. Learned Spl.P.P. appearing for the State submits that both the impugned orders are well reasoned orders and no interference is required by this Court.

5. In view of the above facts, the Court has perused both the impugned orders dated 20.02.2021 and 25.03.2021, from which, it transpires that both the orders are well reasoned orders. The order passed by this Court in the case of Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712 has also been complied in passing the order dated 25.03.2021.

6. Since both the orders are well reasoned orders and no interference is required by this Court, however, in the interest of justice, the petitioner is directed to appear before the concerned Court on the date fixed by this Court.

7. Accordingly, the petitioner is directed to appear before the concerned court on or before 26.04.2022 and if he appears on that date, the order dated 25.03.2021 shall not be given effect. It is made clear that on failure of appearance by the petitioner, the Court below shall take all coercive action against the petitioner.

8. Any petition filed by the petitioner shall be considered by the concerned court and will be disposed of on the same day in accordance with law.

9. With the above direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-