SAKIL AKHTAR v. THE STATE OF JHARKHAND
Court: High Court of Jharkhand
Bench: SRI ANANDA SEN, J.
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2020-12-14. SAKIL AKHTAR v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 1993 of 2020 With I. A. No. 5305 of 2020 Sakil Akhtar @ Shakil Arkari….. …....... Petitioner(s) Versus State of Jharkhand……….. Opp. Party(s) …… Coram: Hon’ble Mr. Justice Ananda Sen Through:-Video Conferencing …… For the Petitioner : Mr. Manoj Prasad, Advocate For the State : Mr. Vineet Kumar Vashistha, A. P. P. …… 4/14. 12. 2020 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11. 30 A. M. They have no complaint in respect to the audio and video clarity and quality. Heard the parties. The petitioner, in this application, has challenged the order dated 25. 08. 2020, passed in connection with Lohardaga (M) P. S. Case No. 25 of 2020, by which processes under Sections 82 Cr. P. C. , has been issued against him. From perusal of the order, I find that neither any satisfaction has been recorded while issuing process nor the other mandatory requirements of Section 82 Cr.
P. C. have been followed by the court below. The date and time when the petitioner is suppose to appear pursuant to the order passed under Section 82 Cr. P. C. , has not been mentioned. This Court had called for Form-IV of the Code of Criminal Procedure. The same has been received. On going through the same, I also find that no date, time and place have been mentioned where the petitioner is to appear pursuant to the direction passed in terms of Section 82 Cr. P. C. The necessary mandatory columns have been kept blank by the court concerned. Considering the aforesaid and fact in view of the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors- versus- the State of Jharkhand, reported in 2020 (2) JLJR 712, this application is allowed. The order dated 25. 08. 2020 passed by the Chief Judicial Magistrate, Lohardaga in -2-connection with Lohardaga (M) P. S. Case No. 25 of 2020 and Form-IV Cr. P. C. , are hereby set aside.
The matter is remitted to the court below to pass a fresh order in accordance with law, in terms of the judgment referred to above. Subsequent order dated 29. 09. 2020, by which process under Section 83 Cr. P. C has been issued, is also set aside. In view of the order passed in the main application, I. A. No. 5305 of 2020, filed for amendment in prayer portion, is hereby allowed. This criminal miscellaneous petition stands allowed. (Ananda Sen, J) Mukund/-cp. 3
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