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2022 DIGILAW 420 (JHR)

Gauri Shankar Yadav v. State of Jharkhand

2022-04-07

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. Ashok Kumar Yadav, learned counsel for the State. 2. The present petition has been filed for quashing of orders dated 09.03.2017, 31.05.2017, 09.08.2017, 25.10.2017 and 12.10.2018 whereby summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant respectively have been directed to be issued against the petitioner in connection with Complaint Case No. 22/2017, pending in the Court of learned Chief Judicial Magistrate, Deoghar. 3. Mr. Suraj Singh, learned counsel for the petitioner submits that without execution report all these orders have been passed. He further submits that order by which process under section 82 Cr.P.C. has been issued is not in accordance with law and the said order is cryptic order. He submits that there is no satisfaction has been recorded by the concerned court in the said order. He submits that the petitioner is ready to appear in the concerned court on the date fixed by this Court. 4. Mr. Ashok Kumar Yadav, learned counsel for the State submits that there is no illegality in the impugned orders. 5. In view of the aforesaid facts and considering the submission of the learned counsel for the parties, the Court has gone through the impugned orders. It transpires that execution report with regard to notice, bailable warrant are not on record inspite of that non bailable warrant has been issued against the petitioner. Further, it appears that order by which process under section 82 Cr.P.C. has been issued, is also not in accordance with law. There is no satisfaction has been recorded by the concerned court in the said order. As the order dated 25.10.2017 is bad in law, subsequent order dated 12.10.2018 is not surviving. 6. In view of the above facts, impugned orders dated 09.03.2017, 31.05.2017, 09.08.2017, 25.10.2017 and 12.10.2018 whereby summons, bailable warrant of arrest, non bailable warrant of arrest, proclamation under sections 82/83 Cr.P.C. and permanent warrant respectively have been directed to be issued against the petitioner in connection with Complaint Case No. 22/2017, pending in the Court of learned Chief Judicial Magistrate, Deoghar, are hereby quashed. 7. The matter is remitted back to the concerned court to proceed afresh in accordance with law. 8. The petitioner is directed to appear before the court concerned on or before 25.04.2022. 9. 7. The matter is remitted back to the concerned court to proceed afresh in accordance with law. 8. The petitioner is directed to appear before the court concerned on or before 25.04.2022. 9. It is made clear that if the petitioner fails to appear on or before the date fixed by this Court, all coercive measures shall be taken against the petitioner by the concerned court. 10. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of. I.A., if any, stands disposed of.