Quashed
Lekh Narayan Chand v. The State Of Jharkhand
Jharkhand HCCr.M.P./1969/2016
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from the order text
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COURT OF JHARKHAND AT RANCHI Cr. M.P. No.…
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COURT OF JHARKHAND AT RANCHI Cr. M.P. No.…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1969 of 2016
Lekh Narayan Chand, S/o Tirathmal, R/o Village- Navratan Hata, NH-31, P.O. & P.S.- Purnea, Distt.- Purnea, Bihar
... … Petitioner
Versus
The State of Jharkhand ... … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. S.S. Choudhary, Advocate For the State : Mr. Azeemuddin, A.P.P.
02/09.09.2016 Heard Mr. S.S. Choudhary, learned counsel for the petitioner and Mr. Azeemuddin, learned A.P.P. for the State.
In this application petitioner has prayed for quashing of order dated 08.02.2016 and 24.06.2016 passed by the learned Additional Chief Judicial Magistrate, Sahibganj by which proclamation under Section 82 and process under Section 83 of the Cr.P.C. had been issued against the petitioner in connection with Borio P.S. Case No. 147 of 2013.
It appears that although there is no order in existence with respect to issuance of proclamation u/s 82 Cr.P.C. mere noting has been made in the order dated 08.02.2016 of the requisition submitted by the Investigating Officer and without there being any order the Investigating Officer has taken steps for issuance of proclamation u/s 82 Cr.P.C. and subsequently vide order dated 24.06.2016 process under Section 83 Cr.P.C. has been issued.
In absence of any order directing for issuance of proclamation u/s 82 Cr.P.C., the subsequent order dated 24.06.2016 has become redundant. Even otherwise the order does not contain any reason so as to justify issuance of proclamation u/s 82 and process u/s 83 Cr.P.C.
In view of the above this application is allowed and the order dated 08.02.2016 and 24.06.2016 passed by the learned Additional Chief Judicial Magistrate, Sahibganj are hereby quashed and set aside.
-2-
Since no order has been passed with respect to issuance of proclamation u/s 82 Cr.P.C. therefore it will be deemed that no such order has been in existence.
However, learned Additional Chief Judicial Magistrate, Sahibganj is at liberty to proceed further in the matter in accordance with law.
(R. Mukhopadhyay, J.)
Alok/-
2 issues framed by the court
Whether an order directing issuance of proclamation under Section 82 Cr.P.C. can exist when only case notes are present and no formal order was passed.
Whether subsequent process issuance under Section 83 Cr.P.C. becomes redundant in absence of a valid proclamation order.
2 provisions across 1 enactments
Lekh Narayan Chand
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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