Mohammad Fahim Sheikh @ Frahim ... vs The State Of Jharkhand
2022 Latest Caselaw 3982 Jhar

                                         1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr.M.P. No. 3051 of 2022

Mohammad Fahim Sheikh @ Frahim Shekh
                                                  ...... Petitioner
                         Versus
                         ...............

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

CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                     ---------
For the Petitioner   : Mrs. Nitu Sinha, Advocate
For the State        : Mr. Vineet Kumar Vashistha, A.P.P.


3/Dated: 27/09/2022

Heard Mrs. Nitu Sinha, learned counsel for the petitioner and Mr.

Vineet Kr. Vashistha, learned counsel for the State.

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

27.06.2022 and 18.07.2022 whereby non-bailable warrant of arrest and process

of 82 Cr.P.C. respectively have been directed to be issued against the petitioner

in connection with Maheshpur P.S. Case No. 120 of 2022, pending in the Court

of learned S.D.J.M, Pakur.

3. Learned counsel for the petitioner submits that petitioner has

availed remedy under Cr.P.C. and filed anticipatory bail but in the meantime

process of 82 Cr.P.C. has been issued that is why the petitioner has been

compelled to withdraw anticipatory bail petition. She further submits that so far

as the petitioner is concerned, he is owner of the vehicle in question which was

plying by the driver and the petitioner has no knowledge about the same.

4. Learned counsel for the State submits that learned court has

considered the petition of the I.O. thereafter passed reasoned order. He

submits that there is no illegality in the impugned orders.

5. The Court has perused the impugned order dated 18.07.2022

whereby process of 82 Cr.P.C. has been issued against the petitioner and finds

that on the petition of I.O. the said order has been passed. It is not the case

that the petitioner was evading his arrest. The petitioner has availed remedy

under the Cr.P.C. and filed anticipatory bail petition before the learned Sessions

Judge which was rejected and petitioner filed A.B.A. before this Court and in

the meantime said order was passed and the petitioner was compelled to

withdraw the anticipatory bail application.

In view of the above facts and considering that Form-IV annexed

with the petition is not complied with in the light 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.

6. Accordingly, the impugned order dated 18.07.2022 whereby

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

connection with Maheshpur P.S. Case No. 120 of 2022, pending in the Court of

learned S.D.J.M, Pakur, is hereby quashed.

7. The matter is remitted back to the learned concerned court to

proceed afresh in accordance with law.

8. With the aforesaid observation and direction, this criminal

miscellaneous petition is disposed of. I.A., if any, stands disposed of.

(Sanjay Kumar Dwivedi, J.) Satyarthi/