Single judge allowed application for quashing order issuing proclamation under Section 82 Cr.P.C. absent cogent reasons, remanding magistrate to proceed further.
Order dated 16.12.2016 is quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 2407 of 2017
Rajesh Paswan @ Rajesh Kumar Paswan… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Tapas Roy, A.P.P.
2/06.09.2017 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Tapas Roy, learned A.P.P. for the State.
In this application the petitioner has prayed for quashing of the order dated 16.12.2016 passed in Chirkunda (Galfarbari) P. S. Case No. 330 of 2015 corresponding to G. R. No. 5837 of 2015 by the learned Chief Judicial Magistrate, Dhanbad whereby and whereunder proclamation under Section 82 of Cr.P.C. has been ordered to be issued.
It appears from the impugned order dated 16.12.2016 that merely on the requisition of the Investigating Officer in which he has stated that the petitioner was absent from his house, the impugned order dated 16.12.2016 has been passed.
In absence of any just and cogent reasons, the impugned order dated 16.12.2016 is quashed and set aside.
This application is allowed.
However, the learned Judicial Magistrate is at liberty to proceed further in accordance with law.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the order issuing proclamation under Section 82 Cr.P.C. should be quashed in absence of just and cogent reasons?
1 provisions across 1 enactments
Rajesh Paswan @ Rajesh Kumar Paswan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
