Failure to follow statutory parameters under Section 82 Cr.P.C. can lead to the quashing of an order directing process, as established in previous judgments.

JUDGMENT :

Mr. Amit Kumar Sinha, learned counsel appearing for the petitioner submits that he will remove the defect, as pointed out by the office, within one week.

2. Let him to do so.

3. Heard Mr. Amit Kumar Sinha, learned Counsel appearing for the petitioner and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.

4. 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.

5. This criminal miscellaneous petition has been filed for quashing of the order dated 30.01.2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Daltonganj Town P.S. Case No. 410 of 2019, pending in the Court of learned Chief Judicial Magistrate, Palamau.

6. Learned counsel appearing for the petitioner submits that the petitioner was availing the remedy under the Cr.P.C. and he had filed the A.B.A. before this Court, which was dismissed as withdrawn, in view of the order passed by the learned Magistrate on 30.01.2021, whereby process under Section 82 Cr.P.C. has been directed to be issued against the petitioner. Learned counsel further submits that the concerned Court has passed the said order without following the parameters as indicated under section 82 Cr.P.C. as held in the case of Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712.

7. Mrs. Vandana Bharti, learned A.P.P. appearing for the State submits that the impugned order is well reasoned order and there is no illegality in the said order.

8. On perusal of the said order, it transpires that there is no satisfaction of the concerned court in the order dated 30.01.2021 and also there is no indication of Form-IV Cr.P.C., which is statutory in nature, as held by this court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712 [specially in paras-22 and 23 thereof].

9. In that view of the matter, the impugned order dated 30.01.2021, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, in connection with Daltonganj Town P.S. Case No. 410 of 2019, pending in the Court of learned Chief Judicial Magistrate, Palamau, is hereby, quashed. The matter is remitted back to the Court of learned Chief Judicial Magistrate, Palamau to proceed afresh in terms of the Code of Criminal Procedure and the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Ors. (Supra).

10. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.