Somra Munda vs The State Of Jharkhand
2022 Latest Caselaw 124 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
                             Cr.M.P.No. 3307 of 2021
        Somra Munda, aged about 32 years, son of Manga Munda, resident of
        Hardag Kadamtoli, PO+PS-Namkum, District Ranchi
                                                        ..... 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. Birendra Kumar, Advocate For the State :- Mr. Bhola Nath Ojha, Advocate

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3/17.01.2022 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.

The defect pointed by the office is ignored. This petition has been filed for quashing the order dated 03.07.2018 passed by the learned Judicial Magistrate, 1st Class, Ranchi in connection with Dhurwa (Tupudana) P.S.Case No.206 of 2016, corresponding to G.R. No.4280 of 2016, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi.

The learned counsel for the petitioner submits that by order dated 03.07.2018 process under section 82 Cr.P.C has been directed to be issued which is not in accordance with the law.

Mr. Bhola Nath Ojha, the learned counsel for the respondent State submits that there is no illegality in the impugned order.

The order sheets are on record.

It appears that by order dated 12.11.2016 a direction was issued for issuance of process under section 82 Cr.P.C., that order was not complied, thereafter, order dated 03.07.2018 has been passed. Both the orders are not as per the parameters of section 82 Cr.PC as held in several judgments by this Court.

Accordingly, the impugned order dated 03.07.2018 passed by the learned Judicial Magistrate, 1st Class, Ranchi in connection with Dhurwa (Tupudana) P.S.Case No.206 of 2016, corresponding to G.R. No.4280 of 2016, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi is set aside.

The matter is remitted back to the concerned court to proceed afresh in accordance with law.

Disposed of.

( Sanjay Kumar Dwivedi, J) SI/