Allowed an application to quash an order directing issuance of proclamation under Section 82 Cr.P.C. against the petitioner issued without subjective satisfaction or cogent reasons.
Order dated 10.08.2017 directing proclamation u/s 82 Cr.P.C. to be issued against the petitioner has been quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2481 of 2017
Firoj Khan .... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. K. S. Nanda, Advocate For the State : Mr. S. K. Pandey, APP
Order No. 03 Dated 13 th September 2017
Heard Mr. K. S. Nanda, learned counsel for the petitioner and Mr. S. K. Pandey, learned A.P.P. for the State.
In this application, the petitioner has prayed for quashing the order dated 10.08.2017 passed in connection with Mango P.S. Case No. 149 of 2017 (G.R. No. 1401 of 2017) by learned Judicial Magistrate, Jamshedpur by which proclamation u/s 82 Cr.P.C. has been directed to be issued against the petitioner.
It appears from the impugned order that without recording any subjective satisfaction, coercive step has been ordered to be issued against the petitioner.
In absence of any cogent and justifiable reasons, the impugned order dated 10.08.2017 passed in connection with Mango P.S. Case No. 149 of 2017 (G.R. No. 1401 of 2017) by learned Judicial Magistrate, Jamshedpur by which proclamation u/s 82 Cr.P.C. has been directed to be taken against the petitioner, is hereby quashed and set aside.
However, the learned court below is at liberty to proceed further in accordance with law.
This application is accordingly allowed.
Let this order be communicated through fax at cost of petitioner.
(Rongon Mukhopadhyay, J)
MK
2 issues framed by the court
Whether an order directing issuance of proclamation u/s 82 Cr.P.C. without recording subjective satisfaction is maintainable.
Whether to quash an order directing coercive step against the petitioner in the absence of cogent and justifiable reasons.
1 provisions across 1 enactments
Firoj Khan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
