Abhishek Shubham vs The State Of Jharkhand
2022 Latest Caselaw 4736 Jhar

       IN        THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 1592 of 2022
       Abhishek Shubham                                .....   ...    Petitioner
                                    Versus
      1. The State of Jharkhand.
      2. Ruby Jaiswal                                  ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. K.S. Nanda, Advocate.

                                 :        Mr. N.K. Jaiswal, Advocate.
      For the State              :        Mr. Manoj Kumar Mishra, A.P.P.
      For the O.P. No. 2         :        Mr. M.K. Choubey, Advocate.
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05/ 28.11.2022     This petition has been filed for quashing of the order dated

28.04.2022, passed in Lohardaga Mahila P.S. Case No. 36 of 2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, pending in the court of learned Chief Judicial Magistrate, Lohardaga.

2. Learned counsel appearing for the petitioner submits that the order dated 28.04.2022, by which, process under Section 82 Cr.P.C. has been directed to be issued is not in accordance with law.

3. The O.P. No. 2 in person along with her counsel Mr. M.K. Choubey, is present before this Court and the O.P. No. 2 was also present on 16.06.2022 and on her submission that she is ready to reside with the petitioner, the matter was referred to the JHALSA, Ranchi for mediation between the parties.

4. The mediation report has been submitted, by which, it has been informed that the mediation between the parties has failed.

5. Again on 11.10.2022, on the submission of learned senior counsel appearing for the petitioner that he will pursue the petitioner to compromise the case with O.P. No. 2, that's why, the matter was again referred to JHALSA, Ranchi for mediation between the parties.

6. The mediation report of the JHALSA, Ranchi is available on record, which suggests that the mediation between the parties has again failed.

7. In view of the above, the court has gone through the impugned order dated 28.04.2022, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner and finds that the said order is well reasoned order and also in accordance with law. The satisfaction of the learned court is recorded, which is one of the parameters to pass the said order, even the date and time are clearly indicated in the said order, in view of the judgment passed by this Court in the case of Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712.

8. As such, there is no illegality in the impugned order. Accordingly, this petition is dismissed.

9. Interim order, granted earlier, stands vacated.

(Sanjay Kumar Dwivedi, J.) Amitesh/-