Allowed

Aklim Ansari and Anr. v. the State of Jharkhand and Ors.

Jharkhand HC7 Feb 2017W.P.(Cr.)/609/2015

Case brief

AI extract

What is this about?

High Court allowed W.P.(Cr.) No. 609 of 2015, quashing orders dated 2012-2013 by Chief Judicial Magistrate, Gahwa, which issued proclamation and process under Sections 82 and 83 Cr.P.C. without subjective satisfaction or assigned reasons.

What did the court decide?

Quashed and set aside the impugned orders of 30.11.2012, 17.01.2013, 19.06.2013 and 27.06.2013 issued under Section 82 and 83 Cr.P.C.

Aklim Ansari and Anr. Vs the State of Jharkhand… — Criminal Trial and Appeal | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 609 of 2015

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Aklim Ansari 2. Kalim Ansari .... Petitioners Versus The State of Jharkhand & others … Respondents --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioners : Mr. Devesh Krishna, Advocate For the Respondents : J.C. to S.C. (L&C) --- Order No. 06 Dated 07 th February, 2017

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Since learned counsel for the petitioners is not pressing the order dated 27.08.2013, defect No. 9(iii), as pointed out by the office, is ignored.

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Heard Mr. Devesh Krishna, learned counsel appearing for the petitioners and learned J.C. to S.C. (L&C) appearing for the State.

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In this application, the petitioners have prayed for quashing the orders dated 30.11.2012 and 17.01.2013 passed by learned Chief Judicial Magistrate, Gahwa in connection with Ranka P.S. Case No. 74 of 2012, whereby proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been directed to be issued against the petitioner No. 1. The petitioners have also prayed for quashing the orders dated 21.05.2013, 19.06.2013 and 27.06.2013 passed by learned Chief Judicial Magistrate, Gahwa in connection with Ranka P.S. Case No. 74 of 2012, whereby non-bailable warrant of arrest, proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been directed to be issued against the petitioner No. 2.

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It appears that the orders dated 30.11.2012, 17.01.2013, 19.06.2013 and 27.06.2013 have been passed merely on the basis of requisition of the Investigation Officer without recording subjective satisfaction of the learned Magistrate, as no reasons have been assigned in the said orders by which proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been ordered to be issued for securing the attendance of the petitioners.

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In such view of the matter, the impugned orders dated 30.11.2012, 17.01.2013, 19.06.2013 and 27.06.2013 passed by learned Chief Judicial Magistrate, Gahwa in connection with Ranka P.S. Case No. 74 of 2012, whereby proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been directed to be issued against the petitioners, are hereby quashed and set aside.

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This application is allowed.

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

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(Rongon Mukhopadhyay, J)

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Aklim Ansari and Anr. v. the State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Aklim Ansari and Anr. v. the State of Jharkhand and Ors.

Case brief

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