Shivdutt Sharma @ Shambhu Sharma vs The State Of Jharkhand
2022 Latest Caselaw 1922 Jhar

                                       1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr.M.P. No. 1103 of 2022

Shivdutt Sharma @ Shambhu Sharma
                                                        ...... Petitioner
                         Versus
                         ...............

The State of Jharkhand                                  ...... Opposite Party
                           ---------

CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                     ---------
For the Petitioner   : Mr. J.S. Singh, Advocate
For the State        : Mrs. Nehala Sharmin, A.P.P.


3/Dated: 11/05/2022

Heard Mr. J.S. Singh, learned counsel for the petitioner and Mrs.

Nehala Sharmin, learned counsel for the State.

2. 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.

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

23.10.2019 whereby process under section 82 Cr.P.C. has been issued against

the petitioner in connection with Deoghar Town P.S. Case No. 379 of 2018,

corresponding to G.R. Case No. 1041 of 2018, pending in the Court of learned

Chief Judicial Magistrate, Deoghar.

4. Mr. J.S. Singh, learned counsel for the petitioner submits that due

to non payment of alleged certain dues by the hospital, informant has filed this

case. He further submits that by the impugned order dated 23.10.2019 process

under section 82 Cr.P.C. has been issued which is not under parameter of

section 82 of the Cr.P.C. He further submits that the court has not recorded

satisfaction in passing such order. He submits that process of 82 Cr.P.C. has not

been issued 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.

5. Mrs. Nehala Sahrmin, learned counsel for the State submits that

there is no illegality in the impugned order. She submits that the petitioner is

not cooperating in the investigation.

6. From perusal of impugned order dated 23.10.2019, it transpires

that the court concerned has not recorded satisfaction in passing such order.

Further, it appears that there is no compliance of provision held in the

judgment of "Md. Rustum Alam @ Rustam (supra).

7. In view of the above facts, impugned order dated 23.10.2019

whereby process under section 82 Cr.P.C. has been issued against the

petitioner in connection with Deoghar Town P.S. Case No. 379 of 2018,

corresponding to G.R. Case No. 1041 of 2018, pending in the Court of learned

Chief Judicial Magistrate, Deoghar, is hereby quashed.

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

afresh in accordance with law.

9. 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/