Laden Sk. @ Usman Sk vs The State Of Jharkhand
2022 Latest Caselaw 2405 Jhar

      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 286 of 2022
      1. Laden Sk. @ Usman Sk.
      2. Shahensha Shaikh                              .....    ...     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 : Md. Asadul Haque, Advocate.

      For the State                :  Mr. Shiv Shankar Kumar, A.P.P.
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05/ 04.07.2022 Heard Md. Asadul Haque, learned counsel appearing for the petitioners and Mr. Shiv Shankar Kumar, learned A.P.P. for the State.

2. This criminal miscellaneous petition has been filed for quashing of the orders dated 09.09.2021 and 18.11.2021, by which, processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners, in connection with Pakur (Town) P.S. Case No. 50 of 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Pakur.

3. Learned counsel appearing for the petitioners submits that the petitioners have never received any notice and also the petitioners are not named in the FIR. He submits that the when the petitioners came to know about the aforesaid case, they filed the anticipatory bail application and during the pendency of the anticipatory bail application, the processes have been directed to be issued against the petitioners.

4. Learned A.P.P. appearing for the State submits that there is no illegality in the impugned orders.

5. On perusal of the order dated 09.09.2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, it transpires that in the said order, the court has not recorded its satisfaction. There is no indication of Form-IV Cr.P.C., which is statutory in nature, as held by this court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712.

6. Since the order dated 09.09.2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioners is not in accordance with law, the subsequent order will not survive.

7. In that view of the matter, the impugned orders dated 09.09.2021 and 18.11.2021, by which, processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners, in connection with Pakur (Town) P.S. Case No. 50 of 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Pakur, are hereby, quashed and set aside. The matter is remitted back to the Court of learned Judicial Magistrate, 1st Class, Pakur 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).

8. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-