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2018 DIGILAW 1192 (JHR)

Kanak Lal Jaiswal @ Pappu v. State Of Jharkhand

2018-06-07

KAILASH PRASAD DEO

body2018
JUDGMENT Kailash Prasad Deo, J. – Heard Mr. Vikash Kumar, learned counsel appearing for the petitioner and Mr. Ravi Prakash, learned counsel appearing for the State. 2. Learned counsel appearing for the petitioner submits that the order dated 07.05.2018 passed in connection with Dhanbad (S.C./S.T.) P.S. Case No.03 of 2018 corresponding to G.R. Case No.454 of 2018 is not a speaking order whereby the process under Section 82 Cr.P.C. has been issued against the petitioner without following the due procedure of the law. 3. Learned counsel for the State has opposed the prayer and submitted that petitioner was not appearing even after summons were served upon him and he was absconding from his place. 4. Be that as it may, since the direction of this Hon''ble Court has been issued in several cases to the court below to pass a speaking order showing his satisfaction and not merely on the application filed by the Investigating Officer. In that view of the matter, the order dated 07.05.2018 passed in connection with Dhanbad (S.C./S.T.) P.S. Case No.03 of 2018 corresponding to G.R. Case No.454 of 2018 is hereby quashed and set aside. 5. Accordingly, this Cr.M.P. stands allowed. 6. Let a copy of this order be communicated the court below through FAX at the cost of petitioner.