Deepak Kumar Yadav vs The State Of Jharkhand
2022 Latest Caselaw 1712 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr.M.P. No. 619 of 2022

Deepak Kumar Yadav, aged about 24 years, son of Prasadi Yadav, resident of
Simariya, P.O. and P.S. Bishnugarh, District-Hazaribag, Jharkhand

                                                            ...... 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. Nawin Kumar, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P.

03/Dated: 28/04/2022 Heard Mr. Nawin Kumar, learned counsel for the petitioner and Mr.

Prabhu Dayal Agrawal, learned counsel for the State.

2. The present petition has been filed for quashing of order dated

13.12.2021 whereby process under sections 82 Cr.P.C. has been directed to be

issued against the petitioner in connection with Bishnugarh P.S. Case No. 93

of 2019, pending in the Court of learned Additional Sessions Judge--I-Cum-

Special Judge, POCSO Act, Hazaribag.

3. Learned counsel for the petitioner submits that impugned order is

not in accordance with law. He further submits that there is no satisfaction of

the concerned court and process under section 82 Cr.P.C. has been issued.

4. Mr. Prabhu Dayal Agrawal, learned counsel for the State draws the

attention of the Court to the impugned order dated 13.12.2021 and submits

that there is full compliance of judgement passed by this Court in the case of

"Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand , reported

in 2020 (2) JLJR 712.

5. The Court has perused the order dated 13.12.2021 and finds that

learned court has taken care of law laid down in the judgment passed by this

Court. The court has recorded the satisfaction and mentioned the date, time

and place. There is no illegality in the impugned order. The petitioner is facing

charge under section 376 I.P.C. and relevant section of POCSO Act, in the

interest of justice it will be suffice if the petitioner be directed to appear in the

Court below on the date fixed by this Court.

6. Accordingly, the petitioner is directed to appear before the

concerned court on or before 09.05.2022. In the event of such appearance

the proclamation shall not be given effect to.

7. If the petitioner fails to appear on or before the aforesaid date,

the concerned court shall take all coercive measures against the petitioner.

8. Any petition filed by the petitioner shall be considered and

disposed of on the same day in accordance with law.

9. With the aforesaid observation and direction, this criminal

miscellaneous petition stands disposed of. Pending, I.A., if any stands disposed

of.

(Sanjay Kumar Dwivedi, J.) Satyarthi/