Petitioner challenged a Section 83 Cr.P.C process order. Court held that since the prior Section 82 Cr.P.C process was quashed in a separate case, the Section 83 order was legally unsustainable. Application was disposed of without fresh orders.
Application challenging Section 83 Cr.P.C process disposed of.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No. 372 of 2020
Md. Firoj @ Md. Firoz @ Pappu …. …. Petitioner(s).
Versus
State of Jharkhand …. …. Opposite Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Altaf Hussain, Advocate FOR THE STATE : Mr. Praveen Kr. Appu, APP ------
04/27.02.2020
Heard learned counsel for the parties.
By filing this application, petitioner has challenged the order dated 24.6.2019 by which process under Section 83 Cr.P.C was issued.
It is worth to be noted that process under Section 82 Cr.P.C which was issued earlier on 22.5.2019 has been quashed by this Court in Cr.M.P No. 1999 of 2019.
Since process under Section 82 Cr.P.C has already been quashed by this court, the consequential order dated 25.6.2019 by which process under Section 83 Cr.P.C was issued has got no legs to stand in the eye of law without there being any fresh order of Section 82 Cr.P.C . Thus the application challenging process under Section 83 Cr.P.C is misconceived.
Accordingly, this application stands disposed of.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether a process under Section 83 Cr.P.C can be challenged when the prior process under Section 82 Cr.P.C has already been quashed.
2 provisions across 1 enactments
Md. Firoj @ Md. Firoz @ Pappu
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
