Disposed

Khurshid Alam Alias Khushid Anwar v. the State of Jharkhand

Jharkhand HC1 Dec 2022Cr.M.P./1581/2022

Case brief

AI extract

What is this about?

The High Court held that the petition under Section 482 Cr.P.C. for quashing proceedings cannot be entertained at this stage. The petitioner was directed to appear before the learned court by a specified date; if present, the process would not be executed.

What did the court decide?

Petitioner directed to appear before the learned court on or before 19.12.2022; if present, processes shall not be given effect to.

Khurshid Alam Alias Khushid Anwar Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1581 of 2022

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Khurshid Alam @ Khurshid Anwar …… Petitioner Versus 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. Suraj Kumar, Advocate For the State : Mr. Ravi Prakash, Spl. P.P..

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5/Dated: 01/12/2022

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The present petition has been filed for quashing of order dated 20.09.2021 whereby process of 82 Cr.P.C. has been issued against the petitioner in connection with Nimiyaghat P.S. Case No. 27/2016, corresponding to G.R. No. 667 of 2016 including the entire criminal proceeding, pending in the Court of learned Judicial Magistrate, Ist Class, Giridih.

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Learned counsel for the petitioner submits that the petitioner is not Khurshid Alam instpite of that petitioner has been called upon by the learned court. He submits that impugned order is not in accordance with law. He submits that satisfaction of the court has not been recorded.

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Learned counsel for the State submits that there is no illegality in the impugned order and the impugned order is well speaking order and has been passed keeping in view the law laid down in the case of “ Md. Rustum Alam @ Rustam

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& Ors. Vs. The State of Jharkhand , reported in 2020 (2) JLJR 712 . He

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submits that the petitioner has recently filed application before the Superintendent of Police disclosing that he is not that person.

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In view of above submission of the learned counsel for the parties and considering that the dispute involved in this case cannot be entertained at this stage by this Court sitting under section 482 Cr.P.C. The Court has perused the impugned order dated 20.09.2021 and finds the said order is well reasoned order. 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.

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Accordingly, the petitioner is directed to appear before the learned court on or before 19.12.2022. If the petitioner appears on or before such date, processes

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shall not be given effect to.

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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 coercive steps against the petitioner.

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Any petition filed by the petitioner shall be decided on the same day in

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accordance with law.

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With the aforesaid observation and direction, this criminal miscellaneous

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petition stands disposed of. Pending I.A., if any, stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Satyarthi/

Khurshid Alam Alias Khushid Anwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Khurshid Alam Alias Khushid Anwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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