Jayant Ghadia vs State Of Jharkhand
2022 Latest Caselaw 3883 Jhar

      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2062 of 2021

      Jayant Ghadia
      @ Jayant Garodia
      @ Jayant Guria                                   .....   ...    Petitioner
                                     Versus
      1. State of Jharkhand.
      2. Pankaj Kumar Singh                      ..... ...     Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioner :        Mr. Indrajit Sinha, Advocate
                         :        Mr. Rishi Bharti, Advocate
      For the State      :        Mr. Prabhu Dayal Agrawal, Spl.P.P.
      For the O.P. No. 2 :        Mr. Rahul Kumar, Advocate.
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07/ 22.09.2022      Heard leaned counsel for the parties.

2. Learned counsel appearing for the petitioner has confined his prayer for quashing of the order dated 26.08.2019, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Kotwali (Sukhdeongar) P.S. Case No. 999 of 2011, pending in the Court of learned Judicial Magistrate, Ranchi. He submits that so far as quashing of FIR is concerned, the petitioner will take recourse under the law.

3. Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that the order dated 26.08.2019 is not in accordance with law, as the learned court has not taken care 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. He submits that the satisfaction of the learned court has not been recorded in the said order.

4. Mr. Rahul Kumar, learned counsel appearing for the O.P. No. 2 submits that since the petitioner has not appeared before the learned court, the learned court was compelled to pass such order and there is allegation against the petitioner of taking Rs. 50,00,000/- from the O.P. No. 2.

5. Mr. Prabhu Dayal Agrawal, learned Spl.P.P. appearing for the State submits that there is no illegality in the impugned order.

6. In view of such submissions of the parties, the court has gone through the order dated 26.08.2019 and finds that the said order is not in accordance with law, as the parameters of Section 82 Cr.P.C. has not been applied and the learned court has not recorded its satisfaction in passing such order, in view of the judgment passed by this court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra).

7. As such, the order dated 26.08.2019, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Kotwali (Sukhdeongar) P.S. Case No. 999 of 2011, pending in the Court of learned Judicial Magistrate, Ranchi, is hereby, set aside. The matter is remitted back to the Court of learned concerned court to proceed afresh in terms of the Code of Criminal Procedure and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra).

8. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

9. Interim order, granted earlier, stands vacated.

(Sanjay Kumar Dwivedi, J.) Amitesh/-