Quashed

Neha Kumari Alias Jhingi Baskey v. State of Jharkhand

Jharkhand HC6 Oct 2021Cr.M.P./2039/2021

Case brief

AI extract

What is this about?

The High Court quashed an order directing issuance of process under Section 82 Cr.P.C. because it lacked the statutorily required date, time, and place of appearance. The matter was remitted to the trial court to proceed afresh.

What did the court decide?

The order dated 07.12.2020 directing issuance of process under Section 82 Cr.P.C. was quashed and the matter was remitted to the Magistrate to proceed afresh.

Neha Kumari Alias Jhingi Baskey Vs State of… — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 2039 of 2021

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Neha Kumari @ Jhingi Baskey @ Jhingi Baskay ..... … Petitioner Versus

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State of Jharkhand ..... … Opposite Party

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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-----For the Petitioner : Ms Shama Parveen, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P.

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03/ 06.10.2021 Heard Ms Shama Parveen, learned counsel appearing for the petitioner and Mr. Shilendra Kumar Tiwari, learned Spl.P.P. appearing for the State.

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This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

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This criminal miscellaneous petition has been filed for quashing of the order dated 07.12.2020, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Bagbera P.S. Case No. 115 of 2020, pending in the Court of learned Judicial Magistrate, 1^st Class, Jamshedpur.

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Learned counsel appearing for the petitioner submits that the petitioner has enquired about the article to be purchased from OLX and she has not purchased the same and the chargesheet has been submitted wherein the petitioner has been made accused. She submits that petitioner has never received any summon, warrant of arrest and non-bailable warrant of arrest, however, by the impugned order dated 07.12.2020, proclamation under Section 82 Cr.P.C. has been directed to be issued against the petitioner.

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Learned counsel appearing for the State submits that there is no illegality in the impugned order and the said order is well founded.

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On perusal of the said order, it transpires that only on the basis of the requisition, filed by the I.O. and by referring certain paragraphs of the case diary, the concerned Court has passed the order of issuance of proclamation under Section 82 Cr.P.C. against the petitioner. There is no mention of date, time and place, which is statutory in nature in terms of Form-IV Cr.P.C., as held by this court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand ,

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reported in 2020 (2) JLJR 712.

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7 . In that view of the matter, the impugned order dated 07.12.2020, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Bagbera P.S. Case No. 115 of 2020, pending in the Court of learned Judicial Magistrate, 1^st Class, Jamshedpur, is hereby, quashed. The matter is remitted back to the Court of learned Judicial Magistrate, 1^st Class, Jamshedpur to proceed afresh in terms of the Code of Criminal Procedure and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra).

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With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

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Amitesh/-

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(Sanjay Kumar Dwivedi, J.)

Neha Kumari Alias Jhingi Baskey v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Neha Kumari Alias Jhingi Baskey v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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