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Arvind Yadav And Ors vs State of Jharkhand

Jharkhand High Court · Decided on 24 March 2021 · Citation: (2021) 03 JH CK 0219

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 82
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous PetitionNo. 582 of 2021
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Judgment

9 paragraphs · 363 words
1.

Heard Ms. Shamma Parveen, the learned counsel for the petitioners and Mr. Rajneesh Vardhan, the learned counsel for the State.

2.

This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3.

The petitioners have filed this petition for quashing the order dated 14.12.2020 whereby process under section 82 Cr.P.C has been directed to be issued against the petitioners.

4.

The learned counsel for the petitioners submits that the petitioners have already preferred anticipatory bail application which was pending and during pendency of the anticipatory bail application, the said order has been passed. She submits that the parameters of Section 82 Cr.PC has not been followed in passing the order dated 14.12.2020. She further submits that the guidelines issued by this Court in the case of "Md.Rustam Alam @ Rustam v. The State of Jharkhand" reported in 2020 (2) JLJR 712 has not been followed.

5.

Mr. Rajneesh Vardhan, the learned counsel for the State submits that the execution report of non-bailable warrant has been produced and thereafter Section 82 Cr.PC process has been directed to be issued by the court below. He submits that there is no illegality in passing the order dated 14.12.2020.

6.

On perusal of the order dated 14.12.2020 it transpires that although the execution report of non-bailable warrant is stated to be served, but, the guidelines issued by this Court in 'Rustam Alam' case has not been followed, particularly, the time and the place of appearance in Form-IV of Cr.P.C., which was required to be followed by the court below which has not been done in the case in hand.

7.

Accordingly, the impugned order dated 14.12.2020 passed in Gawan P.S.Case No.58/2019, corresponding to G.R.No.1066/2019 is quashed.

8.

The matter is remitted back to the court below to proceed afresh in terms of Section 82 Cr.P.C and the judgment of this Court in case of "Rustam Alam" (supra).

9.

The instant criminal miscellaneous petition stands disposed of.