Marshila Hansda vs The State Of Jharkhand
2022 Latest Caselaw 5124 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 2487 of 2021
             1.   Marshila Hansda, aged about 54 years, Wife of Late Subhashten Tudu
                  @ Pradhan Tudu
             2.   Lukash Tudu, aged about 18 years, son of Late Sebastian Tudu @
                  Pradhan Tudu
                  Resident of Village Barandiha, P.O. & P.S. Amrapara, Dsitrict- Pakur,
                  Jharkhand                                       ... Petitioners
                                         -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 Petitioners : Mr. Sandip Kumar Barnwal, Advocate For the Opposite Party-State : Mr. Bhola Nath Ojha, A.P.P.

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06/16.12.2022. This petition has been filed for quashing the order dated 02.03.2021,

whereby, process under Section 82 Cr.P.C. has been directed to be issued

against the petitioners in connection with Hiranpur P.S. Case No.39/2020,

pending in the court of the learned Judicial Magistrate, 1st Class, Pakur.

2. Mr. Sandip Kumar Barnwal, learned counsel for the petitioners submits

that by the impugned order, the learned court has directed to issue process

under Section 82 Cr.P.C., which is not in accordance with law.

3. Mr. Bhola Nath Ojha, learned counsel for the State submits that the

impugned order is a well reasoned order. The judgment passed by this

Court in Md. Rustam Alam @ Rustam v. The State of Jharkhand;

[(2020) 2 JLJR 712 has been fully dealt with in the impugned order.

4. The Court has perused the impugned order dated 02.03.2021 and

finds that the learned court's satisfaction has been recorded and the

direction issued by this Court in Md. Rustam Alam @ Rustam (supra) has

been followed. Thus, there is no illegality in the impugned order. However in

the interest of justice, it would be suffice to direct the petitioners to appear

before the learned court on or before 22.12.2022. In the event of the

petitioner's appearance before the learned court, the process if not effected

as yet, shall not be given effect. It is made clear that if the petitioners failed

to appear before the learned court, all coercive measures shall be taken

against them by the learned court.

5. Accordingly, this petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/