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SANJAY KUMAR DWIVEDI
Ram Raj Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
2. This petition has been filed for quashing the order dated 01.07.2021 arising out of Itki P.S.Case No.31 of 2015 (s) whereby process under section 82 Cr.P.C against the petitioners has been issued and the case is pending in the court of learned Judicial Magistrate-XIV at Ranchi.
3. The learned counsel for the petitioners submits that the petitioners have not been named in the F.I.R and they have not received any notice and they were not knowing about the case and all of a sudden by the order dated 01.07.2021, they came to know about the case.
4. Mr. P.D. Agarwal, the learned counsel for the respondent State by way of referring paragraph no.11 of the petition has submitted on 03.01.2022 that the petitioners have stated that they have applied for obtaining the entire certified copy of the F.I.R in connection with Itki P.S.Case No.31 of 2015(S) from the concerned court but for the re
Failure to supply entire order sheets and non-compliance with statutory provisions under section 82 Cr.P.C can lead to the quashing of the process.
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The court emphasized that Section 311 Cr.P.C. must be exercised judiciously, and applications to introduce evidence cannot be used to fill evidentiary gaps left by the prosecution.
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