Jharkhand High Court
Bhola Sahu @ Niranjan Sahu vs The State Of Jharkhand on 28 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 208 of 2022
Bhola Sahu @ Niranjan Sahu ..... ... 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. J.S. Singh, Advocate
For the State : Mrs. Vandana Bharti, A.P.P.
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04/ 28.02.2022 Heard Mr. J.S. Singh, learned counsel appearing for the
petitioner and Mrs. Vandana Bharti, learned A.P.P. for the State.
2. This criminal miscellaneous petition has been filed for
quashing of the order dated 13.01.2022, by which, process under Section
82 Cr.P.C. has been directed to be issued against the petitioner, in
connection with Simdega P.S. Case No. 113 of 2021, pending in the Court
of learned Chief Judicial Magistrate, Simdega.
3. Learned counsel appearing for the petitioner submits that the
petitioner was availing the remedy under the Cr.P.C. by filing the A.B.A.
before this Court, but during the pendency of the A.B.A., the aforesaid
order dated 13.01.2022 has been passed, due to which, the said A.B.A.
was compelled to be withdrawn. He further submits that there is no
mention of date and time, as held by this Court in the case of Md. Rustam
Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2)
JLJR 712 [specifically in paras-22 and 23]. He refers to Form-IV Cr.P.C.,
which is annexed to the petition, from which, it appears that Form-IV
Cr.P.C. is not in accordance with law, which is statutory in nature and the
same is required to be followed.
4. Mrs. Vandana Bharti, learned A.P.P. appearing for the State
submits that there is no illegality in the impugned order.
5. From perusal of the order dated 13.01.2022, it transpires that
there is no mention of date and time. Form-IV Cr.P.C. is also available on
the record, which is also not in accordance with the mandate, as held by
this court in the case of Md. Rustam Alam @ Rustum & Ors. (Supra). It
also transpires that the petitioner is not evading his arrest, rather during
the pendency of the A.B.A., the said order dated 13.01.2022 has been
passed, by which, process under Section 82 Cr.P.C. has been directed to
be issued.
6. In view of the above, the order dated 13.01.2022, by which,
process under Section 82 Cr.P.C. has been directed to be issued against
the petitioner, in connection with Simdega P.S. Case No. 113 of 2021,
pending in the Court of learned Chief Judicial Magistrate, Simdega, is
hereby, quashed and set aside. The matter is remitted back to the Court of
learned Chief Judicial Magistrate, Simdega 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).
7. With the aforesaid observation and direction, this criminal
miscellaneous petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
