Ravi Bahadur Thapa vs The State Of Jharkhand
2022 Latest Caselaw 1214 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 12 of 2022

1.Ravi Bahadur Thapa
2. Devasis @ Devanath @ Devashish Nath                 ...... 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 : Mr. Aashish Kumar, Advocate For the State : Mr. Vineet Kr. Vashistha, A.P.P.

4/Dated: 28/03/2022 Heard Mr. Aashish Kumar, learned counsel for the petitioners and

Mr. Vineet Kr. Vashistha, learned counsel for the State.

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

12.11.2013 whereby process of 82 Cr.P.C. has been directed to be issued

against the petitioners in connection with Jadugora P.S. Case No. 61/13,

corresponding to G.R. No. 464 of 2013, pending in the Court of learned

A.C.J.M, at Ghatshila.

3. Learned counsel for the petitioners submits that the order dated

12.11.2013 whereby process under section 82 Cr.P.C. has been issued, is not

under the parameters of 82 Cr.P.C. He submits that only on the application of

I.O., such order has been passed. There is no satisfaction has been recorded by

the concerned court.

4. Mr. Vineet Kr. Vashistha, learned counsel for the State submits the

there is no illegality in the impugned order.

5. From perusal of impugned order dated 12.11.2013, 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 indication of date,

time and place in such order.

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

learned counsel for the parties, the impugned order 12.11.2013 whereby

process of 82 Cr.P.C. has been directed to be issued against the petitioner in

connection with Jadugora P.S. Case No. 61/13, corresponding to G.R. No. 464

of 2013, is 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/