Amit Mehtar Alias Ful Mehtar Vs the State of Jharkhand

Cr. M.P. No.169 of 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.169 of 2024

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Amit Mehtar @ Ful Mehtar @ Phul Mehtar, Aged about 38 years, Son of Late Banarasi Mehtar, Resident of Village –Maheshpur, P.O.-Reri, Maheshpur, P.S.-Basantrai, District –Godda.

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… Petitioner

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Versus

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… The State of Jharkhand Opposite Party ------ For the Petitioner : Mr. Manoj Kr. Sah, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 21.11.2022 passed by the learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.149 of 2016 corresponding to G.R. No.1596 of 2016, presently pending in the court of learned Sub Divisional Judicial Magistrate, Godda by which the attachment order of the property of the petitioner has been directed to be attached.

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It is submitted by the learned counsel for the petitioner that prior to issuing the attachment order on 21.11.2022, proclamation under Section 82 Cr.P.C. was issued vide order dated 15.10.2022 but the same has been quashed by this Court in Cr.M.P. No. 4319 of 2022. It is next submitted by the learned counsel for the petitioner that the said attachment order of the property of the petitioner

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under Section 83 Cr.P.C. has been passed without mentioning the property to be attached and without recording any reasons for issuing the said attachment order. Hence, it is submitted that the same is not in accordance with law having been passed without following the due process of law. It is, therefore, submitted that the order dated 21.11.2022 passed by the learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.149 of 2016 corresponding to G.R. No.1596 of 2016, presently pending in the court of learned Sub Divisional Judicial Magistrate, Godda by which the attachment order of the property of the petitioner has been passed, be quashed and set aside.

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Learned Public Prosecutor appearing for the State vehemently opposes the prayer for quashing the order dated 21.11.2022 passed by the learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.149 of 2016 corresponding to G.R. No.1596 of 2016, presently pending in the court of learned Sub Divisional Judicial Magistrate, Godda by which the attachment order of the property of the petitioner has been passed and submits that the very fact that the learned Sub Divisional Judicial Magistrate, Godda has issued the order of attachment under Section 83 of Cr.P.C. itself shows that there were materials available in the record for the learned Sub Divisional Judicial Magistrate, Godda to be satisfied that there is justification for passing such attachment order. Hence, it is submitted that this criminal miscellaneous petition, being without any merit, be dismissed.

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Cr. M.P. No.169 of 2024

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Having heard the rival submissions made at the Bar and after

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carefully going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law that the court issuing proclamation under Section 82 of Cr.P.C. may for reasons to be recorded in writing at any time after the issue of proclamation, may order for attachment of any property movable or immovable or both belonging to the proclaimed person. But perusal of the record reveals that the order dated 21.11.2022, passed by the learned Sub Divisional Judicial Magistrate, Godda is a cryptic order and it has not assigned any reason for issuing the attachment order under Section 83 Cr.P.C. nor he has mentioned the property to be attached. Hence, this Court has no hesitation in holding that the order dated 21.11.2022, passed by the learned Sub Divisional Judicial Magistrate, Godda is not sustainable in law having been passed without following the due process of law. Therefore, this is a fit case where the order dated 21.11.2022 passed by the learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.149 of 2016 corresponding to G.R. No.1596 of 2016, presently pending in the court of learned Sub Divisional Judicial Magistrate, Godda by which the attachment order of the property of the petitioner has been passed; be quashed and set aside.

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Accordingly, the order dated 21.11.2022 passed by the learned Sub Divisional Judicial Magistrate, Godda in connection with Pathargama P.S. Case No.149 of 2016 corresponding to G.R. No.1596 of 2016, presently pending in the court of learned Sub Divisional Judicial Magistrate, Godda by which the attachment

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order of the property of the petitioner has been passed, is quashed

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and set aside.

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