Sanjay Bhuiyan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

This petition has been filed for quashing the order dated

11.09.2019 passed by the learned S.D.J.M., Latehar in connection with Barwadih P.S.Case No.36/2016 corresponding to G.R.Case No.404/2016 whereby process under section 82 Cr.P.C has been directed to be issued against the petitioner, pending in the court of learned Judicial Magistrate, Latehar.

The learned counsel for the petitioner submits that without satisfaction of the court, the said order has been passed. He further submits that N.B.W was not served and inspite of that, process has been issued against the petitioner.

Mrs. Vandana Bharti, the learned counsel appearing on behalf of the respondent State submits that there is no illegality in the impugned order.

The Court has perused the impugned order annexed with this petition. In order dated 26.07.2019 it has been disclosed that execution report of NBW is not received and by the next order again repeating the same thing that the execution report of the N.B.W is not received and the process under section 82 Cr.P.C has been directed to be issued against the petitioner. This order is not as per the parameters of section 82 Cr.P.C and there is no satisfaction of the concerned court recorded and the statutory provision as held by this Court is not followed.

Accordingly, the order dated 11.09.2019 passed by the learned S.D.J.M., Latehar in connection with Barwadih P.S.Case No.36/2016 corresponding to G.R.Case No.404/2016, pending in the court of learned Judicial Magistrate, Latehar is hereby set aside.

The matter is remitted back to the concerned court for passing the order afresh in accordance with law.