Allowed

Brajesh Sinha Alias Brajesh Singh v. the State of Jharkhand

Jharkhand HC21 Apr 2022Cr.M.P./122/2022

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 failed to discuss the statutory provisions and requirements set out in Md. Rustum Alam @ Rustam and Others v. The State of Jharkhand (2020 (2) JLJR 712).

What did the court decide?

The impugned order dated 07.10.2021 was set aside and the matter remitted to the Chief Judicial Magistrate, Koderma, to proceed afresh.

Brajesh Sinha Alias Brajesh Singh Vs the State of… — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 122 of 2022

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Brajesh Sinha @ Brajesh Singh, aged about 35 years, S/o Nandlal Sinha, resident of Village Nawada Basti, P.O. Jhumri Telaiya, P.S. Telaiya, DistrictKoderma … Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party-State : Mr. Bhola Nath Ojha, A.P.P.

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04/21.04.2022. Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and

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Mr. Bhola Nath Ojha, learned counsel for the State.

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This petition has been filed for quashing the order dated 07.10.2021 whereby process under Section 82 Cr.P.C. has been directed to be issued against the petitioner in connection with Telaiya P.S. Case No.81 of 2020, registered under Section 153(A) and 295(A) of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Koderma.

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Learned counsel for the petitioner submits that the petitioner filed the anticipatory bail petition being A.B.P. No.412/2021 before the learned Principal District and Sessions Judge, Koderma on 13.09.2021 and vide orders dated 14.09.2021, 23.09.2021, 01.10.2021, 11.10.2021 and 21.10.2021, the case diary was directed to be produced by the court below. He further submits that the impugned order was passed on 07.10.2021, whereby, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner.

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It is not a case that the petitioner was evading arrest. The petitioner has availed remedy by way of filing anticipatory bail petition. The case diary was called time and again by the court below, but the same was not received. In the impugned order dated 07.10.2021, the statutory provision

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-2-

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and the date and time, as held by this Court in the case of Md. Rustum Alam @ Rustam and Others v. The State of Jharkhand , reported in 2020 (2) JLJR 712 has not been discussed.

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Accordingly, the impugned order dated 07.10.2021 passed in connection with Telaiya P.S. Case No.81 of 2020, pending in the court of the learned Chief Judicial Magistrate, Koderma is, hereby, set aside. The matter is remitted back to the concerned court to proceed afresh, in accordance with law.

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This petition is, therefore, disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

Brajesh Sinha Alias Brajesh Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Brajesh Sinha Alias Brajesh Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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