DULAL GOPE ALIAS DULAL CHANDER GOPE 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 2020-12-07. DULAL GOPE ALIAS DULAL CHANDER GOPE v. THE STATE OF JHARKHAND. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P No. 2858 of 2014 Dulal Gope @ Dulal Chandra Gope …. …. Petitioner(s). Versus State of Jharkhand …. …. Opposite Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING ------ FOR THE PETITIONER(S) : Mr. Sanjay Kumar, Advocate FOR THE STATE : Mr. V. S. Sahay, APP ------ 06/07. 12. 2020 Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11. 00 A. M. They have no complaint in respect to the audio and video clarity and quality. In this application, petitioner is confining his prayer to the order dated 3. 2. 2014 by which process under Section 82 Cr. P. C has been issued. I have gone through the order dated 3. 02. 2014, I find that without recording any subjective satisfaction, process under Section 82 Cr. P. C has been issued by the court below.
This Court has passed detailed order in the case of Md. Rustum Alam @ Rustam & Ors. Vrs. State of Jharkhand reported in 2020 (2) JLJR 712 covering the issues. The procedure adopted by the court is not correct as the court had to record subjective satisfaction for issuing process under Section 82 Cr. P. C, thus order dated 03. 02. 2014 which is not in accordance with law and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra), is set aside arising out of Pindrajora P. S Case No. 44 of 2013, corresponding to G. R. No. 791 of 2013, pending in the court of Chief Judicial Magistrate, Bokaro. The matter is remitted to the court concerned to pass order afresh in accordance with law. Accordingly, the instant application stands allowed. (ANANDA SEN , J) anjali/ C. P 3
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