Single judge quashed proclamation order under Section 82 Cr.P.C. for lack of subjective satisfaction.
Proclamation dated 17.12.2016 under Section 82 of Cr.P.C. was quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Miscellaneous Petition No. 240 of 2017
Laxman Ganjhu @ Kohram Jee @ Ibrahim Jee @ Halan Jee son of Jagan Ganjhu, resident of Village Souru Nawadih, PO & PS Lawalong, District Chatra
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Randhir Kumar, Advocate For the Opposite Party : Mrs. Lily Sahay, A.P.P.
4/09.02.2017 Defect No. 9 (ii) as pointed out by the office is ignored.
Heard Mr. Randhir Kumar, learned counsel for the petitioner and
Mrs. Lily Sahay, learned A.P.P. for the State.
This application is directed against the order dated 17.12.2016 passed in Hunterganj P. S. Case No. 41 of 2012 corresponding to G. R. No. 194 of 2012 by the learned Chief Judicial Magistrate, Chatra whereby and whereunder proclamation under Section 82 of Cr.P.C. has been ordered to be issued.
It appears from the impugned order dated 17.12.2016 that merely on the requisition of the I.O. and on the application filed by the learned A.P.P., the impugned order has been passed. There being no subjective satisfaction on the part of the learned Magistrate, the impugned order dated 17.12.2016 being not sustainable in the eye of law is quashed and set aside.
This application is allowed.
However, the learned C.J.M., Chatra is at liberty to proceed further with the matter in accordance with the law.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 provisions across 1 enactments
Laxman Ganjhu @ Kohram Jee @ Ibrahim Jee @ Halan Jee
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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