Anil Kumar Gupta And Anr. Vs The State Of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1815 of 2017

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Anil Kumar Gupta @ A.K. Gupta, S/o Gajadhar Sao 2. Gajadhar Sao, S/o Late Digambar Sahu Both resident of Near Railway Station, Patratu, P.O.+P.S.Patratu, District- Ramgarh (Jharkhand)

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… … Petitioners

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. S.K. Upadhyay, Advocate For the State : Mr. Shekhar Sinha, A.P.P.

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05/03.10.2017 Heard Mr. S.K. Upadhyay, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

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This application is directed against the order dated 23.01.2017 passed by the learned Judicial Magistrate, 1st Class, Bermo at Tenughat in connection with Bokaro Thermal P.S. Case No. 82/15, corresponding to G.R. No. 781/15, whereby and whereunder proclamation u/s 82 Cr.P.C. has been ordered to be issued.

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It appears from the impugned order dated 23.01.2017 that merely on the basis of the service report proclamation u/s 82 Cr.P.C. has been issued. The impugned order does not reflect subjective satisfaction on the part of the learned Magistrate and therefore in absence of any cogent and justifiable reason the impugned order dated 23.01.2017 passed by the learned Judicial Magistrate, 1st Class, Bermo at Tenughat in connection with Bokaro Thermal P.S. Case No. 82/15, corresponding to G.R. No. 781/15, being not sustainable in the eye of law is, hereby, quashed and set aside.

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This application is allowed.

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However, the learned Magistrate is at liberty to proceed further in accordance with law.

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(R. Mukhopadhyay, J)

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Alok/-

Anil Kumar Gupta And Anr. v. The State Of Jharkhand

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Anil Kumar Gupta And Anr. v. The State Of Jharkhand

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