Riday Munda @ Riday Nath Singh ... vs The State Of Jharkhand
2022 Latest Caselaw 3614 Jhar

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       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2611 of 2022

Riday Munda @ Riday Nath Singh Munda
                                                  ...... 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 : Mrs. Nivedita Kundu, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

3/Dated: 09/09/2022 The present petition has been filed for quashing of order dated

17.03.2021 passed in connection with Arki P.S. Case No. 12 of 2020, N.D.P.S.

Case No. 07/2020A whereby process under section 82 Cr.P.C. has been issued

against the petitioner, pending in the Court of DASJ-II, Khunti.

Mrs. Nivedita Kundu, learned counsel for the petitioner submits

that the petitioner is aged about 70 years and only on the disclosure by the

co-accused, the petitioner has been implicated in this case. She further submits

that no notice summon or warrant has been issued against the petitioner and

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

petitioner.

Learned counsel for the State submits that the petitioner is facing

charge of N.D.P.S. Act.

The entire orderhseets have been annexed with the petition. The

Court has perused the ordersheet and finds that in order dated 17.12.2020 it

has been recorded that F.F. has not been received and the case has been

adjourned. Same was the position in orders dated 03.02.2021 and 06.03.2021

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

petitioner only on the application of I.O. Satisfaction of the court has not been

recorded and the said order is also 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.

In view of the above facts, impugned order dated 17.03.2021

passed in connection with Arki P.S. Case No. 12 of 2020, N.D.P.S. Case No.

07/2020A whereby process under section 82 Cr.P.C. has been issued against

the petitioner, pending in the Court of DAS-II, Khunti, is hereby quashed.

The matter is remitted back to the concerned court to pass order

afresh in accordance with law.

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/