Disposed

Nandlal Gope v. the State of Jharkhand

Jharkhand HC21 Jul 2022Cr.M.P./601/2021

Case brief

AI extract

What is this about?

The single-judge bench disposed of the petition for quashing an order directing the issuance of process under Section 82 Cr.P.C. in a POCSO case, directing the petitioner to appear by 08.08.2022 to avoid coercive measures.

What did the court decide?

Petitioner directed to appear by 08.08.2022; process under Sec. 82 Cr.P.C. not to be enforced if present; coercive measures applicable if absent. Petition disposed.

Nandlal Gope Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 601 of 2021

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Nandlal Gope, aged about 22 years, son of Suresh Gope, resident of village Panilata, P.S. Sisrai, P.O. Bhurso, District- Gumla, Jharkhand

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… 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. Rahul Kumar, Advocate For the Opposite Party-State : Mr. Saket Kumar, A.P.P. -----

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06/21.07.2022. This petition has been filed for quashing the order dated 08.02.2021 whereby process under Section 82 Cr.P.C. has been directed to be issued against the petitioner in connection with Special POCSO Case No.09/2019, corresponding to Puso P.S. Case No.01/2019, pending in the court of the learned Additional Sessions Judge-I, Gumla.

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Mr. Rahul Kumar, learned counsel for the petitioner submits that the petitioner earlier moved before this Court in Cr.M.P. No.1172 of 2020, which was allowed vide order dated 23.09.2020 with a direction to the court below to pass a fresh order in accordance with law and thereafter the court below has passed the impugned order dated 08.02.2021, which is not in accordance with law.

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Mr. Saket Kumar, learned counsel for the State submits that there is no illegality in the impugned order.

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The Court has perused the impugned order dated 08.02.2021 and finds that the learned court has provided elaborate reason while passing the said order after remand by this Court in Cr.M.P. No.1172 of 2020. However in the interest of justice, it would be suffice that the petitioner is directed to appear before the concerned court on or before 08.08.2022. In the event of

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-2-

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his appearance, process issued under Section 82 Cr.P.C. against the petitioner, shall not be given effect. It is made clear that if the petitioner failed to appear before the concerned court on or before the aforesaid date, the concerned court shall take all coercive measures against the petitioner.

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Accordingly, this petition stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

Nandlal Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nandlal Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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