Mukesh Prasad vs The State Of Jharkhand
2022 Latest Caselaw 2071 Jhar

         IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr.M.P. No. 1101 of 2022
         Mukesh Prasad
         @ Mukesh Prasad Yadav                            .....   ...     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. Nawin Kumar, Advocate.

      For the State       :        Mr. Rajesh Kumar, A.P.P.
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05/ 07.06.2022 Heard Mr. Nawin Kumar, learned counsel appearing for the petitioner and Mr. Rajesh Kumar, learned A.P.P. for the State.

This criminal miscellaneous petition has been filed for quashing of the order dated 14.12.2021, whereby, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with A.H.T.U. Palkot P.S. Case No. 05 of 2020, pending in the Court of learned Chief Judicial Magistrate, Gumla.

Learned counsel appearing for the petitioner submits that the order dated 14.12.2021 is not in accordance with the parameters of Section 82 Cr.P.C., which has been held by this Court as well as by the Supreme Court in several judgments.

Learned counsel appearing for the State submits that there is no illegality in the impugned order.

The Court has perused the impugned order dated 14.12.2021 and finds that the said order is in accordance with law and no interference is required. However, in the interest of justice, the petitioner is directed to appear in the concerned Court on the date fixed by this Court.

Accordingly, the petitioner is directed to appear before the concerned court on or before 20.06.2022 and if he appears on that date, the processes shall not be given effect. It is made clear that on failure of appearance by the petitioner, the Court below shall take all coercive action against the petitioner.

With the above direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-