Court quashed impugned orders issuing summons against petitioner in financial dispute trial. Petitioner directed to appear by 14.11.2022.
Petitioner directed to appear on or before 14.11.2022; summons shall not be executed if he appears.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1503 of 2021
Manoj Kumar …… Petitioner
Versus
The State of Jharkhand …… Opposite Party ---------
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Prakash Kumar, Advocate For the State : Mrs. Amrita Kumari, A.P.P.
5/Dated: 04/11/2022
The present petition has been filed for quashing of order dated 24.06.2021 by which process of 82 Cr.P.C. has been issued against the petitioner in connection with Lesliganj P.S. Case No. 92/2020 and by way of I.A. No. 4979 of 2021 order dated 12.08.2021 has also been challenged by which process of 83 Cr.P.C. has been issued against the petitioner which was allowed vide order dated 26.10.2021. Thus both the orders are under challenge, pending in the Court of learned Judicial Magistrate, Ist Class, Daltonganj, Palamau at Daltonganj.
Learned counsel for the petitioner submits that the impugned orders are not in accordance with law. He submits that satisfaction of the court has not been recorded.
Learned counsel for the State submits that there is no illegality in the impugned orders.
The Court has perused the impugned order dated 24.06.2021 and finds the said order is well reasoned order. Even, date, time and place has been indicated in that order as held by this Court in the case of “ Md. Rustum Alam @ Rustam
& Ors. Vs. The State of Jharkhand , reported in 2020 (2) JLJR 712 . However, in the interest of justice it will be suffice if the petitioner be directed to appear before the learned court on the date fixed by this court.
Accordingly, the petitioner is directed to appear before the learned court on or before 14.11.2022. If the petitioner appears on or before such date, processes shall not be given effect to.
It is made clear that if the petitioner fails to appear before the learned court on or before the date assigned by this Court, the learned court shall take all the
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coercive steps against the petitioner.
With the aforesaid observation and direction, this criminal miscellaneous
petition stands disposed of. I.A., if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
Colour shows how this judgement treated each authority
Md. Rustum Alam @ Rustam & Ors. Vs. The State of JharkhandReferred¶12
Md. Rustum Alam @ Rustam & Ors. Vs. The State of Jharkhand, 2020 (2) JLJR 712
Manoj Kumar
The State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
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