Kamal Sao, S/o. Late Chito Sao v. State of Jharkhand
2022-04-21
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : Heard Mr. Randhir Kumar, learned counsel for the petitioner and Mr. Manoj Kr. Mishra, learned counsel for the State. 2. The present petition has been filed for quashing of order dated 22.01.2022 passed in Koderma P.S. Case No. 161 of 2019 whereby process under section 82 Cr.P.C. has been issued against the petitioner, pending in the Court of learned Chief Judicial Magistrate, Koderma. 3. Mr. Randhir Kumar, learned counsel for the petitioner submits that by order dated 13.12.2021 N.B.W. has been directed to be issued against the petitioner and just after seven days on 21.12.2021 prayer has been made to issue process under section 82 Cr.P.C and by order dated 22.01.2022 process under section 82 Cr.P.C. has been issued against the petitioner. He submits that the petitioner has filed anticipatory bail application but since process under section 82 Cr.P.C. has been issued the said anticipatory bail application has been dismissed as not maintainable. 4. Mr. Manoj Kr. Mishra, learned counsel for the State submits that there is no illegality in the impugned order. 5. On perusal of record, it transpires that on 13.12.2021 N.B.W. has been directed to be issued against the petitioner and just after seven days on 21.12.2021 prayer has been made to issue process under section 82 Cr.P.C and by order dated 22.01.2022 process under section 82 Cr.P.C. has been issued against the petitioner. Order dated 17.01.2022 suggests that service report of notice under section 41(A) Cr.P.C. was not produced by the I.O. that is why court concerned has called for explanation from the I.O. as to what circumstance, he has not produced service report of notice under section 41(A) Cr.P.C. 6. In view of the above facts and considering that process under section 82 Cr.P.C. has been issued in haste, order dated 22.01.2022 passed in Koderma P.S. Case No. 161 of 2019 whereby process under section 82 Cr.P.C. has been issued against the petitioner, pending in the Court of learned Chief Judicial Magistrate, Koderma, is hereby quashed. 7. The matter is remitted back to the court concerned 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.