Partly allowed¶26

Vijay Shankar Sharma v. The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna

Patna HC14 Jul 2025CR. WJC/286/2025

Case brief

AI extract

What is this about?

Section 82 CrPC proclamation quashed; bailable warrant and non-bailable warrant issued without recording satisfaction of service/execution of preceding process; S.D.J.M., Supaul; Complaint Case No.1030(C) of 2023, Supaul; Criminal Writ Jurisdiction Case No.286 of 2025; Patna High Court; petitioner willing to appear and face trial; direction to appear before court below within 15 days; coercive process; partly allowed.

What did the court decide?

Quashing of the order dated 06.01.2025 (proclamation under Section 82 CrPC by S.D.J.M., Supaul); petitioner directed to appear before the Court below within 15 days. Relief was confined to the proclamation order, the application being expressly 'partly allowed'. ¶26

Vijay Shankar Sharma Vs The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the order dated 18.09.2024 issuing bailable warrant, and the order dated 28.10.2024 issuing non-bailable warrant, passed without recording satisfaction as to service of the preceding process, ought to be quashed. +1 more

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Ratio / Principle

Since the petitioner is ready to cooperate in the case and will appear before the court below and face trial, no useful purpose would be served by executing the Section 82 process against him; in the interest of justice the application is partly allowed.

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Key takeaways

The order dated 06.01.2025 passed by the learned court of S.D.J.M., Supaul issuing proclamation under Section 82 CrPC in Complaint Case No.1030(C) of 2023 is quashed.ratio¶26
The petitioner is directed to appear before the court below within 15 days.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), Criminal Writ Jurisdiction Case No.286 of 2025, decision dated 14-07-2025: Partly allowed a writ petition by Vijay Shankar Sharma challenging successive coercive processes in Complaint Case No. 1030 (C) of 2023 before S.D.J.M., Supaul - bailable warrant dated 18.09.2024 (issued without recorded satisfaction of service of summons), non-bailable warrant dated 28.10.2024 (issued without recorded satisfaction of service of bailable warrant), and proclamation under Section 82 CrPC dated 06.01.2025 (issued without satisfaction of execution of the non-bailable warrant). On the petitioner's submission that he is ready to cooperate and will appear and face trial, the Court held that no useful purpose would be served by executing the Section 82 process, quashed the proclamation order dated 06.01.2025, and directed the petitioner to appear before the court below within 15 days. Relief was confined to the proclamation order; the application was expressly partly allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.286 of 2025

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Arising Out of PS. Case No.-1030 Year-2023 Thana- COMPLAINT CASE District- Supaul

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======================================================

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Vijay Shankar Sharma S/O Late Ramanand Sharma Resident at Falka, P.S.Falka, District- Katihar

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna Bihar

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Gunja Devi D/O Sambhu Nath Jha R/at Bhalahi, Ward no. 19, P.S.- Supaul, Dist.- Supaul.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Ms. Priya Gupta For the Respondent/s : Mr. S.C 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 14-07-2025

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Heard the learned counsel for the petitioner and the

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learned counsel for the State.

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2 . This writ petition has been filed for the following

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reliefs:

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I). For quashing of the order dated 18.09.2024 by which the learned court of S.D.J.M., Supaul has directed for issuance of bailable warrant against the petitioner/accused person in connection with Complaint Case No. 1030 (C) of 2023 without recording satisfaction regarding service of summons against the petitioner/accused person;

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ii) For quashing of the order dated 28.10.2024 by which the learned court of

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Patna High Court CR. WJC No.286 of 2025(2) dt.14-07-2025 2/3

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S.D.J.M., Supaul has directed for issuance of non-bailable warrant against the petitioner/ accused person in connection with Complaint Case No.1030 (C) of 2023 without recording satisfaction regarding service of bailable warrant against the petitioner/accused person;

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iii). For quashing of the order dated 06.01.2025 by which the Learned Court of S.D.J.M., Supaul has passed an order of proclamation u/s 82 of the Code of Criminal Procedure in connection with Complaint Case No. 1030 (C) of 2023 against the petitioner/accused person without even satisfaction of execution of Non-Bailable warrant;

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iv) For restraining the

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Respondents from giving effect to the order u/s 82 of the Code of Criminal Procedure / any coercive action against the Petitioner as the Summons fixing the date of appearance of the Petitioner was never served on the Petitioner and event without recording execution of bailable and non-bailable warrant.

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3 . The learned counsel for the petitioner has

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submitted that the petitioner is ready to cooperate in the case. He will appear in the Court below and will face trial.

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Patna High Court CR. WJC No.286 of 2025(2) dt.14-07-2025 3/3

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4 . In these circumstances no useful purpose will served by executing the process 82 against the petitioner. In the interest of justice, the application is partly allowed. Accordingly, the order dated 06.01.2025 by which the learned court of S.D.J.M., Supaul has passed an order of proclamation under Section 82 of the Cr.P.C. in connection with Complaint Case No. 1030(C) of 2023 is hereby quashed.

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5 . The petitioner will appear before the Court below within 15 days from today.

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(Sandeep Kumar, J)

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Shishir/-

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U T

Vijay Shankar Sharma v. The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Vijay Shankar Sharma v. The State of Bihar through the Principal Secretary, Dept. of Home, Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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