Parsuram Rai @ Parsuram Singh vs The State Of Jharkhand
2022 Latest Caselaw 1212 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr.M.P. No. 3171 of 2021

  Parsuram Rai @ Parsuram Singh                        ...... 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. Rupesh Singh, Advocate For the State : Mr. Satish Prasad, Advocate

4/Dated: 28/03/2022 Heard Mr. Rupesh Singh, learned counsel for the petitioner and Mr.

Satish Prasad, learned counsel for the State.

2. The present petition has been filed for quashing of orders dated

02.09.2008 and 20.10.2008 passed in connection with Karon P.S. Case No.

83/07, corresponding to G.R. No. 471 of 2007 whereby process under sections

82 and 83 Cr.P.C. respectively have been directed to be issued against the

petitioner, pending in the Court of learned Sub Divisional Judicial Magistrate,

Madhupur.

3. Mr. Rupesh Singh, learned counsel for the petitioner submits that

both the orders are not under the parameters of 82 and 83 Cr.P.C. He submits

that there is no satisfaction has been recorded by the concerned court.

4. Mr. Satish Prasad, learned counsel for the State submits the there

is no illegality in the impugned orders. .

5. From perusal of impugned order dated 02.09.2008, it transpires

that process of 82 Cr.P.C. has been issued, which is not under the parameter

of 82 Cr.P.C. and not in compliance of judgment passed by this Court in the

case of "Md. Rustum Alam @ Rustam & Ors. Vs. The State of

Jharkhand, reported in 2020 (2) JLJR 712. There is no satisfaction has

been recorded by the trial court while issuing such order. As order dated

02.09.2008 is not in accordance with law, subsequent order is not surviving.

6. In view of the above facts and considering the submission of the

learned counsel for the parties, the impugned orders dated 02.09.2008 and

20.10.2008 passed in connection with Karon P.S. Case No. 83/07, corresponding

to G.R. No. 471 of 2007 whereby process under sections 82 and 83 Cr.P.C.

respectively have been directed to be issued against the petitioner, are hereby

quashed.

7. The matter is remitted back to the concerned court to proceed

afresh in accordance with law.

8. With the aforesaid observation and direction, this criminal

miscellaneous petition is allowed and disposed of. I.A., if any, stands disposed

of.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/