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Dr. Shekh Amzad vs State Of Jharkhand

Jharkhand High Court · Decided on 14 March 2022 · Citation: (2022) 03 JH CK 0033

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 82
CASE NUMBER
Criminal Miscellaneous Petition No. 545 Of 2022
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Judgment

9 paragraphs · 348 words

Sanjay Kumar Dwivedi, J

This petition has been filed for quashing the order dated 04.02.2022 passed by the learned Sub Divisional Judicial Magistrate, Sadar at Chaibasa in Noamundi P.S.Case No.29 of 2021 whereby the process under section 82 Cr.P.C has been issued against the petitioner, pending in the court of learned Sub Divisional Judicial Magistrate, Sadar, at Chaibasa.

Mr. Arun Kumar, the learned counsel appearing for the petitioner submits that there is illegality in the impugned order and the order is not as per the parameters of section 82 Cr.PC and according to him, the petitioner has not received any summon and NBW and inspite of that, the process under section 82 has been issued against the petitioner.

The learned counsel for the respondent State submits that there is no illegality in the impugned order.

The Court has perused the impugned order dated 04.02.2022 by which process under section 82 Cr.PC has been directed to be issued against the petitioner. There is no illegality in the impugned order. The trial court has taken care of everything and date and time has been disclosed in the order which is one of the parameters as held in the case of “Md. Rustam Alam @ Rustam and Others v. The State of Jharkhand”, 2020 (2) JLJR 712, however, in the interest of justice it will suffice if the petitioner be directed to appear on or before the date fixed by this Court in the concerned court.

Accordingly, the petitioner is directed to appear before the concerned court on or before 28.03.2022.

In the event of appearance of the petitioner in the concerned court on or before the date fixed by this Court, the process shall not be given effect to.

It is made clear that if the petitioner fails to appear in the concerned court on or before the date fixed by this Court, all coercive measures shall be taken by the concerned court against the petitioner.

Any petition filed by the petitioner before the concerned court shall be heard and disposed of in accordance with law on the same date.