Bindwa Devi And Or vs State Of Jharkhand And Ors

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no

complaint in respect to the audio and video clarity and quality.

This case was listed/ supposed to be listed before the Lawazima Board for passing an order in respect of the defects, pointed out by the office.

Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their Clerks in the Court, this court felt proper to get

all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before this Court directly.

Learned counsel for the petitioners pray to ignore the defects and take up the matter on merits.

Office has pointed out the defect in respect of shortage of court fees.

Counsel for the petitioners undertakes that he will deposit the court fees within three weeks from today.

Undertaking, given by the counsel for the petitioners, is accepted. The deficit court fees should be deposited within three weeks. Other defects, as

pointed out by the office, stand ignored for the present.

The petitioners, in this application, have challenged the order dated 24.01.2020, passed by the Chief Judicial Magistrate, Koderma in Complaint Case

No. 1605 of 2018, by which processes under Sections 82 Cr.P.C., has been issued against them.

Learned counsel appearing for the petitioner submits that the order is cryptic, vague and does not reflect any subjective satisfaction as required by the

law, thus, the same needs to be quashed.

After hearing the counsel for the parties and on going through the impugned orders, I find that the impugned order is cryptic and does not suggest any

subjective satisfaction. No reason has been assigned while passing the impugned order issuing process under Section 82 Cr. P.C.

As the order is cryptic, non-speaking and does not follow the mandate of law, in view of the judgment passed by this Court in the case of ""Md.

Rustum Alam @ Rustam & Ors- versus- the State of Jharkhand, in Cr. M.P. No. 2722 of 2019"", this application is allowed. The order dated

24.01.2020 passed by the Chief Judicial Magistrate, Koderma in connection with Complaint Case No. 1605 of 2018, is hereby set aside. The matter is

remitted to the court below to pass a fresh order in accordance with law.

This criminal miscellaneous petition stands allowed.