Md. Gama Sheikh @ Salim Sheikh vs State Of Jharkhand
2022 Latest Caselaw 419 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
                                ----

Cr.M.P. No. 2368 of 2021

----

Md. Gama Sheikh @ Salim Sheikh, aged 51 years, s/o Daud Sheikh, r/o Mansingha, Samaspur, Narayanpur, PO Sahebganj, PS Sahebganj, Dist.

      Sahebganj                                      ..... Petitioner
                             --   Versus --
      State of Jharkhand                             ...... Opposite Party
                                   ----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Mr. Rakhi Sharma, Advocate For the State :- Mr. V.K. Vashistha, Advocate

----

5/11.02.2022 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.

This petition has been filed for quashing the order dated

06.06.2020 and 22.3.2021 whereby NBW and proclamation under section

82 Cr.PC issued against the petitioner in connection with Rajmahal P.S

case No.204 of 2017, G.R. No.487 of 2017, pending in the court of

learned A.D.J.II, Sahebganj.

Learned counsel for the petitioner submits that only on the

petition of the I.O the NBW has been issued against the petitioner.

According to him, the order dated 22.3.2021 whereby process under

section 82 Cr.PC has been issued is also not in compliance of the several

judgment of this Court as well as Hon'ble Supreme Court.

Learned counsel for the respondent State submits that there

is no illegality in the impugned order.

The Court has perused the order and seen the allegation

against the petitioner. In the interest of justice, the Court comes to the

conclusion that it will be sufficient that the petitioner be directed to

appear in the concerned court.

Accordingly, the petitioner is directed to appear in the

concerned court on or before 14.3.2022.

In the event of his appearance, the impugned order shall

not be given effect to.

Any petition filed by the petitioner shall be considered by

the concerned court on the same day and disposed of in accordance with

law.

It is made clear that if the petitioner fails to appear in the

concerned court on or before the date fixed by this Court, the concerned

court shall take all coercive measures against the petitioner.

( Sanjay Kumar Dwivedi, J)

SI/