The High Court of Jharkhand quashed an order dated 29.11.2018 by the SDJM, Gumla, which directed coercive steps under Section 82 CrPC without recording appropriate reasons, noting the order lacked requisite justification.
Quashed the order dated 29.11.2018 setting aside coercive steps under Section 82 CrPC due to want of reasons.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No. 208 of 2019
Jagannath Sahu @ Jagarnath Sahu …. …. Petitioner(s). Versus State of Jharkhand …. …. Opposite Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Nilesh Kumar, Advocate FOR THE STATE : Mr. Ashok Kumar, APP ------
05/23.09.2019
Heard learned counsel for the parties.
Petitioner is aggrieved by the order dated 29.11.2018 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in connection Sursang P.S. Case No. 1 of 2016, corresponding to G.R. No. 120 of 2016 by which coercive step has been ordered to be issued against the petitioner.
A perusal of the impugned order dated 29.11.2018 does not reveal any appropriate reasons necessitating issuance of proclamation and process under Section 82 of the Cr.PC and accordingly, the said order is hereby, quashed and set aside.
This application is allowed.
However, the learned court below is at liberty to proceed further in accordance with law.
Let a copy of this order be communicated through FAX to the court concerned at the cost to be deposited by the petitioner.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the impugned order directing coercive steps under Section 82 CrPC required appropriate reasons.
Whether the order issued in connection with Case No. 1 of 2016 at Sursang P.S., Gumla should be quashed for non-speaking order.
1 provisions across 1 enactments
Jagannath Sahu @ Jagarnath Sahu
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
